On Oct. 1, 2009, plaintiff Marguerite Kaiser, 62, a music performer and teacher, went to the Irvine home of Kirk and Jeanette Wayland for a musical rehearsal, which was arranged by one of her band mates through the Wayland’s son, Fletcher. After the rehearsal, Kaiser tripped and fell walking down a walkway with a series of single step “landings,” which followed the downhill contour of the land from the porch to the street. She fractured her right ankle in the fall. Kaiser sued Kirk and Jeanette Wayland, alleging that they failed to properly maintain the walkway, creating a dangerous condition. Specifically, she claimed that she was walking down an inadequately lit walkway with a series of single steps when she fell on the second of three steps. Thus, she alleged that the walkway and single steps were a dangerous condition, and that the accident was preventable. The Waylands claimed that they were not aware that a band practice was to take place at their residence until the evening of the event, and that the music rehearsal began at 8 p.m. and ended at 10 p.m. They further claimed that Kaiser was at fault for her because she failed to exercise due care for her own safety as she walked down the stairs., After the accident, Kaiser was taken to Western Medical Center in Santa Ana, where she was diagnosed with fractures to the right lateral and posterior malleolus. Doctors subsequently put a splint on Kaiser’s ankle and referred her to an orthopedic surgeon to repair the fractures. On Oct. 15, 2009, Kaiser underwent open reduction and internal fixation surgery on the later malleolus. The fracture of the posterior malleolus did not require surgical repair. Following surgery, Kaiser was immobilized and non-weight-bearing for six weeks. She then underwent a period of physical therapy. Kaiser claimed that she has continued swelling and pain in her right ankle and foot. As a result, she alleged that she was unable to work for eight months after the accident. She also alleged claimed that prior to the accident, she was an avid runner and that she is now restricted from kneeling, squatting, climbing stairs, running, and jumping. Kaiser further alleged that she can no longer dance and is unable to wear high heels, which she always wore during her performances. As a result, Kaiser claimed that she had to give up jobs teaching music and dancing. Thus, Kaiser claimed $70,000 in damages for her past and future medical expenses, and $57,400 in damages for her past loss of earnings. Defense counsel disputed Kaiser’s residual complaints and argued that if Kaiser is still having pain, she should have the hardware removed from her ankle.