During the early evening of Jan. 17, 2012, plaintiff Penelope Markrack, 67 was attending a party of Singers Marin, an association of choruses in which Markrack was a member. The party took place at the residence of Steven Tiret and Terri Tiret, in Marin County. The Tirets had advised the members to park on Tiburon Boulevard, and Markrack did so. In front of the Tirets’ property, there was a 28-inch-deep drainage culvert that ran under the driveway entrance/exit to Tiburon Boulevard. There was also a 5-foot stucco wall in front of the culvert, making it so that one could see the culvert while entering the property, but could not see it when exiting the property, as it was concealed by the wall. Markrack had a glass of wine while attending the party. When she left later that night, Markrack attempted to walk on the inside of the car parked closest to the driveway and fell into the drainage culvert, her left ankle. Markrack sued the Tirets, as well as the state of California and the California Department of Transportation. Markrack alleged that the defendants failed to properly maintain the area near the culvert, creating a dangerous condition. The state and Caltrans were dismissed from the case because it was determined that the roadway was used exclusively by the adjacent homeowners for the Tirets’ enjoyment and that the state had no control or duty to keep it in a reasonably safe fashion. Thus, the matter continued against the Tirets only. Markrack claimed that she had not noticed the culvert on her way into the party and that the culvert was concealed by the wall on her way out, so she was unaware of the culvert’s existence. She also claimed that it was extremely dark out and that cars were traveling at high rates of speed on Tiburon Boulevard, making her afraid to walk on the outside of the row of parked cars. Thus, Markrack contended that the culvert was a dangerous condition and that the Tirets should have lit the area properly. The plaintiff’s safety expert opined that there were a number of inexpensive ways to illuminate the culvert or to have it back filled so that the danger would have been removed. Specifically, the expert opined that the Tirets could have purchased solar stakes for $1 apiece or even spent $39 for a multi-LED, motion-sensor-activated, solar-powered light. Thus, the expert testified that the unlit culvert was unsafe. Defense counsel contended that the state owned the culvert and that the Tirets were not required to take any action. Counsel also contended that Markrack was at fault for not seeing the ditch on her way into the residence or remembering it on her way out., Markrack sustained a bimalleolar fracture of her left ankle. She was subsequently taken to a hospital, where she immediately underwent an open reduction of her left ankle. Markrack claimed that she suffers residual, intermittent pain and a decreased range of motion of her left ankle. Specifically, she claimed that she has to rest during the day and again after long walks. She also claimed that she has to frequently put ice on her ankle and elevate it at the end of the day.