On June 29, 2008, plaintiffs Kim Kreis, and her 8-year-old daughter, Katrina Kreis, were at an AMC theatre located at 1000 Van Ness Ave., San Francisco. The building had seven levels connected by both escalators and elevators. On their way down from the seventh floor of the theatre, Kreis and her daughter came upon a stationary escalator connecting the fifth and fourth floors. Level 5, where they had encountered the stopped down escalator, was only accessible by escalator. As a result, Kreis took Katrina’s hand and they both began to descend the stationary escalator. However, about two-thirds of the way down, Katrina lost her footing and fell, causing Kreis to fall and injure her left knee and right lower leg. Her daughter, Katrina, only suffered scrapes and bruising. Kreis, acting individually and as her Katrina’s guardian ad litem, sued American Multi-Cinema Inc. and AMC Entertainment Inc. She alleged the defendants failed to properly maintain the escalator, creating a dangerous condition. She also alleged that the defendants failed to warn of the escalator’s dangerous condition. AMC subsequently brought a third-party action against the escalator maintenance company, Schindler Elevator Corp. However, AMC ultimately dismissed its action against Schindler in exchange for a mutual waiver of costs. The third-party complaint was subsequently dismissed when Schindler was granted summary judgment. Kreis claimed that American Multi-Cinema and AMC were negligent because there were no signs directing patrons to an elevator or stairway. She also claimed that there were also no warning signs or barricades preventing or discouraging the use of the stationary escalator. The plaintiffs’ building code expert discussed the lack of safety features on a stationary escalator, which is required by code for a fixed stairway. However, the court granted defense counsel’s motion in limine, excluding the expert, finding that the expert was not relevant and that there was an undue consumption of time. Schindler’s counsel contended that upon AMC’s inspection of the escalator after Kreis and Katrina fell, no malfunctions or defects were discovered, and the escalator was simply reset and returned to service. Counsel also contended that the escalator had been timely and properly maintained prior to the incident, and that there were no calls placed to Schindler for service or repairs in the months prior to the incident. Schindler’s counsel further contended that after the escalator was returned to service, AMC encountered no problems or malfunctions with it in the months following the accident. Experts and witnesses for AMC and American Multi-Cinema testified that the stationary escalator was not a dangerous condition and that Kreis and Katrina could have ridden the escalator back to Level 7 and used an elevator or stairway to reach the lobby. The experts also testified that there was no evidence the stationary escalator, or any component of the escalator that did not comply with a stairway building code, was a cause of the accident. In addition, the experts testified that there was no need to warn of the open and obvious condition, and that certain fire safety codes permitted the use of a stationary escalator as a means of egress., Kreis and Katrina were taken to St. Francis Memorial Hospital’s emergency room in San Francisco. Katrina was treated for minor scrapes and bruising, which was the only medical care she received following the accident. Kreis was treated for a 4-inch gash on her left knee and scrapes on her right lower leg, as well as general bruising. However, she later developed a staph infection in her right leg, which was treated with antibiotics and resolved after one month. On Aug. 25, 2010, Kreis’ treating orthopedic surgeon performed surgery on Kreis’ right knee, including a microfracture chondroplasty at the lateral femoral condyle and three extensive synovectomies to remove loose bodies. On April 20, 2011, the expert orthopedic surgeon performed two microfracture chondroplasties at the iliofemoral condyle and lateral femoral condyle, a standard chondroplasty of the patella, and compartment synovectomy of Kreis’ left knee to remove loose bodies. The plaintiffs’ orthopedic surgery expert testified that Kreis was asymptomatic before the accident and that both surgeries were caused by Kreis sustained during her fall on the escalator. The expert also opined that Kreis would require a total knee replacement on each knee due to the sustained in the accident. Kreis claimed that she continues to have pain in her knees and that she would eventually require additional surgery on them. She alleged that her condition affects her daily activities. Thus, she sought recovery of damages for her loss of earnings and for the loss of her services to her family, as well as recovery of damages for her pain and suffering. AMC’s orthopedic surgery expert opined that Kreis’ left knee surgery, and any alleged need for future surgery on the left knee, were not caused by the accident. The expert also testified that the cause of Kreis’ right knee surgery and any need for future surgery on that knee were indeterminate.