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On the morning of December 22, 2003, Jennifer Lynn Myrick and Marilyn Frost-Zafuto were at work at a clothing store. The building in which they worked was a 111-year-old unreinforced masonry structure, known as the “Acorn Building.” Myrick and Frost-Zafuto fled the building to the street, but they were killed when a portion of the building collapsed, crushing them. Between 1989 and 1992, the city, as per state law, established a mitigation program that included fixing older buildings to withstand earthquakes. The Acorn Building was on that list from December 1989. A city ordinance required owners of unreinforced masonry buildings to retrofit them to comply with earthquake safety standards. The deadline for such fixes was extended to 2018. A report identified various seismic deficiencies and contained plans to retrofit the building to make it comply with the city's ordinance. Ds did not complete the seismic retrofitting prior to the earthquake. A report identified various seismic deficiencies and contained plans to retrofit the building to make it comply with the city's ordinance. Ds did not complete the seismic retrofitting prior to the earthquake. Ps brought a wrongful death action against Ds. The trial court allowed the jury to consider the ordinance in determining whether Ds were negligent. Ds claim the court should have ruled as a matter of law that their duty was limited to compliance with the ordinance. The jury awarded $1.2 million in the death of Jennifer Lynn Myrick and $700,000 in the death of Marilyn Frost-Zafuto against all defendants. Ds appealed.

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