On Jan. 26, 2012, plaintiff Michelle Manire, 58, a businesswoman, was walking in a parking lot in Long Beach when she tripped over a chain strung between two parking poles. Manire fell to the ground and sustained a fracture/dislocation of her left shoulder. She was subsequently taken to an emergency room and underwent open reduction internal fixation surgery, with implantation of hardware. On Feb. 19, 2012, Manire went out for the evening, for the first time since the accident/surgery. While having dinner at the Rusty Pelican in Newport Beach, a busser dropped a tray full of dishes onto Manire, which she claimed struck her surgically-repaired left shoulder. Manire claimed the incident worsened the condition of her already injured shoulder. Manire sued the occupant of the parking lot, Superior Parking; the owner of the parking lot, 207 Seaside LLC; the operator of the Rusty Pelican, Bubba Gump Shrimp Co. Restaurants Inc.; Sky Room; and Wind Down Lounge. Manire alleged that Superior Parking and 207 Seaside were negligent in the maintenance, creating a dangerous condition that caused her initial trip and fall. She also alleged that the remaining defendants were liable for the negligence of the busser, who dropped a tray of dishes on her injured arm. Sky Room and Wind Down Lounge were voluntarily dismissed from the case. Thus, the matter continued against the remaining defendants. Manire claimed that Superior Parking and 207 Seaside were liable for the trip and fall by leaving a chain strung between two parking poles in the poorly lit area. She also claimed that Superior Parking and 207 Seaside had notice of the chain, which was an unnecessary hazard that should not have existed in the parking lot, but failed to address this dangerous condition. Manire further claimed that Bubba Gump Shrimp was vicariously liable for the negligence of its employee, who dropped the tray of dishes onto her already injured left shoulder. Superior Parking and 207 Seaside claimed that the chain that Manire allegedly tripped over was an open and obvious condition. They also claimed that they did not negligently maintain the premises and that Manire simply failed to look where she was going. Bubba Gump Shrimp acknowledged that its employee had dropped a tray of dishes on Manire’s left shoulder., Manire sustained a fracture/dislocation to her left, dominant shoulder from the trip and fall accident. She underwent open reduction and internal fixation, with the insertion of hardware, and followed up with roughly one year of physical therapy. However, Manire claimed the dish tray accident at the Rusty Pelican worsened the condition of her surgically repaired shoulder, resulting in nerve damage that affected the use of her left hand. Manire claimed that her condition is improving and that she does not seek any future treatment. However, she claimed she lost business during her recovery. Thus, Manire sought recovery of roughly $18,000 in past medical costs, $50,000 in lost earnings, and an unspecified amount of damages for her pain and suffering. Manire’s husband, Steven Haas, also sought recovery of damages for his loss of consortium. Counsel for Superior Parking and 207 Seaside did not dispute the severity of Manire’s shoulder fracture/dislocation. However, counsel for Bubba Gump Shrimp asserted that Manire did not further damage her shoulder from the dish tray accident.