At around 5:54 a.m. on May 23, 2013, plaintiff David Long, 56, a program technician, tripped on trolley tracks, which were exposed by 2-inches, and fell in the trackway at the Metropolitan Transit System located at the corner of 12th and Imperial Avenues, in San Diego. At the time of the accident, the 12th and Imperial Transit Center was undergoing construction improvements as part of an overall larger project implemented by the San Diego Association of Governments (SANDAG) that involved several trolley stations in downtown San Diego. As a result of the fall, Long struck his head against the platform, and he claimed to his head and spine. Long sued the owners of the 12th and Imperial Station, San Diego Metropolitan Transit System, San Diego Trolley Inc., and San Diego Transit Corp. He also sued the county of San Diego, the city of San Diego, and the Department of Transportation (Caltrans). In addition, Long sued the entity responsible for implementation of the subject improvement project, the San Diego Association of Governments; the prime contractor hired by SANDAG for the Downtown Low Floor Station Improvement project, HMS Construction Inc.; the project’s construction manager, Simon Wong Engineering Inc.; and a subcontractor hired by HMS Construction to perform the grind and overlay of the asphalt material in the trackway at 12th and Imperial, Asphalt and Concrete Enterprises Inc. Long alleged that the defendants created a dangerous condition and that the defendants failed to warn of this condition. Plaintiff’s counsel contended that the defendants created a dangerous condition by performing the grind work at the 12th and Imperial station, exposing the trolley tracks and creating a 2-inch tripping hazard. Counsel also contended that the defendants knew that grinding and exposing the trolley tracks would create a tripping hazard, but that the defendants failed to warn the public of the hazard and/or keep the public from accessing the exposed trackway. Defense counsel contended that the exposed rails did not constitute a dangerous condition. The various defendants also each asserted contractual indemnity claims. Caltrans, and the county and city of San Diego were ultimately dismissed the case. SANDAG, San Diego Metropolitan Transit System, San Diego Trolley Inc., and San Diego Transit Corporation contended that they did not create the allegedly dangerous condition, that the contractors were in control of the work site and means and methods, and that the exposed rails were open and obvious. They also contended that HMS Construction, Asphalt and Concrete Enterprises, and Simon Wong Engineering were contractually obligated to ensure public safety throughout the course of the improvement project, and to protect the public from any potential hazards created by their work. HMS Construction and Simon Wong Engineering claimed that they discussed the alleged tripping hazard at construction meetings with SANDAG, San Diego Metropolitan Transit System, San Diego Trolley, and San Diego Transit and that they asked San Diego Metropolitan Transit System, San Diego Trolley, and San Diego Transit to close the station during the grind and overlay of the trackway, but that the MTS entities refused to accommodate station closure or a “single track” operation. HMS Construction and Simon Wong Engineering further claimed that prior to the grind, San Diego Metropolitan Transit System, San Diego Trolley, and San Diego Transit agreed to hire ambassadors to direct the public away from the exposed rails, but that the MTS entities prohibited any signs on the station’s platforms. In addition, Simon Wong Engineering asserted that it did not control the contractors’ means and methods. Asphalt and Concrete Enterprises argued that it simply performed the work it was hired to do and that it did not control the work site once the grind operation was completed. In response to the allegations of HMS Construction and Simon Wong Engineering, SANDAG and the MTS entities asserted that the contract governed station closures and single track operations, but that the contract did not provide for closures or single track operations during the grind and overlay work. The MTS entities further claimed that neither HMS Construction nor Simon Wong Engineering ever requested a station closure or single track operation because of safety concerns. In addition, SANDAG and the MTS entities contended that ambassadors were never offered as a safety measure and that they specifically requested that signs be utilized to direct passengers around the exposed rails., Long sustained cervical fractures at C6 and C7, resulting in quadriplegia. He was subsequently transported via ambulance to a hospital, where he spent nearly two months. During his hospitalization, he underwent a cervical surgery to stabilize his spine, as well as a tracheostomy due to respiratory failure. Long was then transferred to a care facility, but suffered from various serious infections, deep vein thrombosis, and septic shock over the next 18 months. On three separate occasions, Long had to be rushed to a hospital, where he spent long periods in the Intensive Care Unit before he could be discharged back to a care facility. In December 2014, Long finally returned home, where he now receives full-time care. However, he claimed that he still suffers from pain and depression. Long’s wife, plaintiff Theresa Long, filed a separate action, seeking recovery of damages for her loss of consortium. The matter was subsequently consolidated with her husband’s action.