On Sept. 29, 2012, plaintiff Nichole Gideon, 32, a transient with a history of seizures, fell off the Ocean Beach Seawall located near the 5000 block of Newport Street, in the city of San Diego. Gideon told her doctors that she was drinking alcohol around the time of the incident, but that she did not believe she was drunk. However, during her deposition, she stated that she may have had a seizure, causing her to fall from the wall. As a result of the fall, Gideon suffered to her back and a foot. Gideon sued the city of San Diego, alleging that the city was liable for the dangerous condition of the seawall and trail. Plaintiff’s counsel contended that nothing prevented those sitting on the seawall from falling 15 to 20 feet to the sand below. Counsel also contended that there were no signs warning those sitting on the seawall of the 15 to 20 feet drop. Defense counsel contended that Gideon accessed the wall from a recreational trail and that the seawall on which Gideon was injured was an integral part of the paved path that borders Ocean Beach. The subject path provides access to and around Ocean Beach, and is used for recreational activities by pedestrians, joggers, strollers, bicyclists, and skateboarders, among others. Defense counsel contended that the subject path was also provided access to other recreational activities, such as swimming, sun bathing, and surfing on Ocean Beach. Thus, counsel argued that the seawall was an integral part of the paved recreational trail and that the city could not be held liable on the ground that the city was immune from liability pursuant to the trail immunity provided by Government Code § 831.4. Specifically, counsel contended that the city was statutorily immune from liability for resulting from any condition of the trail. Defense counsel argued that the trail provides access to, through and around a recreational area, Ocean Beach, for the public’s use and enjoyment, and thus, falls within the trail immunity provided by the code and the case law explaining it. In addition, counsel argued that the recreational trail immunity applied whether or not the trail was paved and that the immunity also covered any alleged negligent maintenance of a trail. As for the absence of a handrail where the accident occurred, defense counsel argued that the trail immunity must extend to claims arising from the design of a trail, as well as its maintenance., Gideon sustained lumbar spine fractures of the L1, L3, and L4 levels. She also sustained a fracture of her right metatarsal. Gideon subsequently presented to the Emergency Department at UC San Diego Medical Center, in San Diego, where she was admitted from Sept. 30, 2012 through Oct. 9, 2012. Doctor’s initially chose to treat Gideon non-operatively, but subsequent films showed that there was progressive displacement of the L4 fracture fragments, and Gideon was having increasing pain. As a result of non-union of the L4 vertebra, Gideon returned to the medical center on March 26, 2013, and underwent an L4 corpectomy and a lumbar fusion at the posterior L3-4 and L4-5 levels. She was ultimately discharged on April 3, 2013. Gideon sought recovery of medical costs and damages for her pain and suffering.