On Sept. 28, 2012, plaintiff Marianne Danielson, a caterer/event planner in her early 50s, was walking on the permanent dock at Lido Marina Village, at 3412 Via Oporto, in Newport Beach. The dock had been recently reconstructed to accommodate the annual Lido Yacht Expo, and a temporary dock was installed so that it connected with permanent dock. Danielson while she was stepping over a change in elevation–a 6-inch gap–between the permanent dock and the temporary dock, she lost her balance and fell. Danielson claimed she injured her elbow. Danielson sued several government entities, as well as several private entities that were affiliated with the property, alleging negligence under theories of premises liability. Specifically, she sued the city of Newport Beach, the county of Orange, and the state of California, claiming that the entities owned and/or operated different parts of the dock, the water line, the tide line, and the marina itself. She also sued the company that operated the annual boat show, Duncan McIntosh Co. Inc.; a private developer that performed work on the property, New Port (Beach) Mixed Development, LLP; the property landlord, Wrec Lido Venture, LLC; and the property’s leasing agent, DJM Capital Partners Inc. During discovery, plaintiff’s counsel discontinued its claims against the city of Newport Beach, the county of Orange and the state of California. Plaintiff’s counsel contended that the change in elevation was unsafe, that it created a hazard to the public, and that the defendants failed to install protective equipment that would have made the structure reasonably safe. Counsel also contended that the condition of the dock violated various building codes. Specifically, plaintiff’s counsel asserted that the defendants failed to comply with building codes that require safety measures on docks or ramps where there is a steep change in elevation. Plaintiff’s counsel further asserted that the defendants failed to install a protective rail or even-grade ramp that would have warned Danielson about the change in elevation in the dock and would have prevented Danielson from falling. Defense counsel asserted that the change in elevation was open and obvious and that it was clearly marked with black and yellow striped caution tape, which warned pedestrians of the condition. Counsel also asserted that Danielson was negligent and contributed to her own . In addition, the defendants denied responsibility for maintaining the dock., After she fell, Danielson presented to an emergency room at a local hospital. She complained that her right elbow was painful, and it was placed in a sling. She then underwent X-rays and it was determined that Danielson had sustained a fracture of her right’s elbows radial head. Several days later, Danielson underwent open reduction and internal fixation surgery to her right elbow, and a lateral ligament repair. Her elbow was then casted for several weeks. After she was discharged, she underwent several weeks of physical therapy treatment to regain strength in her elbow. Danielson claimed that she experiences a limited range of motion in her right elbow, as well as decreased strength and some stiffness. Thus, she sought recovery of damages for her past and future pain and suffering.