On Sept. 7, 2010, plaintiff Rene Lenore Gray, a Federal Express employee, attended a concert at the House of Blues on Sunset Boulevard in West Hollywood. At approximately 11 p.m., while walking outside of the venue with a friend, Gray tripped and fell over a metal trench (grate) cover on the walkway. Gray claimed she injured her left elbow in the fall. Gray sued the House of Blues L.A. Restaurant Corp.; House of Blues Entertainment; and the parent company, Live Nation Worldwide Inc. Gray alleged that the defendants negligently maintained the metal trench cover, creating a dangerous condition. Live Nation was ultimately not pursued as a defendant. Gray claimed the metal trench cover — installed by the House of Blues — had an exposed edge that was raised roughly one inch off of the outdoor walkway, causing her to catch her foot and trip over it. She contended that the House of Blues negligently maintained the trench cover, which had to be repaired multiple times before the subject incident. Defense counsel contended that the subject trench cover did not constitute a dangerous condition and that it was an open and obvious. Thus, counsel argued that Gray should have been able to see the trench cover’s condition and avoid it., Gray sustained a comminuted, intra-articular fracture of the radial head of her left elbow. She subsequently went to the emergency room at Kaiser Permanente Medical Center, in Los Angeles, and underwent open reduction and internal fixation on Sept. 30, 2010. Gray later a radial head resection with the insertion of a prosthetic replacement, and a repair of a loose and torn ulnar collateral ligament on Sept. 26, 2011. She then required a removal of the prosthetic radial head and a debridement of the joint on Sept. 10, 2012. Gray also had occupational therapy and evaluations between the surgeries, and throughout her recovery, last treating in December 2012. Gray claimed that despite treatment, she still suffers from elbow pain. She alleged that her future care will consist of a nerve release surgery, but that she will continue to have left elbow pain for the rest of her life. Thus, Gray sought recovery of $75,000 in past medical costs, $30,000 in future medical costs and $18,000 in past lost earnings. She also sought recovery of damages for her past and future pain and suffering. (According to defense counsel, Gray was seeking up to $3.2 million in total damages at trial, but this was denied by plaintiff’s counsel.) The defense’s expert orthopedic surgeon testified that all three of Gray’s surgeries were necessary, but that he did not see the need for any future surgery.