This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.

Personal Injury
Premises Liability
Dangerous Condition

Marianne Danielson v. City of Newport Beach, County of Orange, State of California, Duncan McIntosh Company Inc., New Port Mixed Development, LLP, Wrec Lido Venture, LLC, New Port Beach Mixed Development LLP, and DJM Capital Partners Inc. dba Lido Marina Village

Published: Nov. 21, 2015 | Result Date: Jul. 24, 2015 | Filing Date: Jan. 1, 1900 |

Case number: 30-2013-00683766-CU-PA-CJC Settlement –  $105,000

Court

Orange Superior


Attorneys

Plaintiff

Fenja Klaus


Defendant

Steven R. Parminter
(Wilson, Elser, Moskowitz, Edelman & Dicker LLP)

Thomas C. Camardi Jr.

Spencer J. Davidson
(Wilson, Elser, Moskowitz, Edelman & Dicker LLP)


Facts

On September 28, 2012 Marianne Danielson, a woman in her early 50s, tripped and fell while stepping over a six inch gap on the Lido Marina Village in Newport Beach. She sued the City of Newport Beach and other government entities as well as several private businesses associated with the property. She brought claims for general negligence and premises liability.

Contentions

PLAINTIFF'S CONTENTIONS:
Danielson contended that the gap created a dangerous condition for which defendants were responsible.

DEFENDANTS' CONTENTIONS:
Defendants contended that the gap was open and obvious and marked by adequate warnings. They also argued that Danielson was negligent and denied responsibility for maintaining the dock.

Injuries

Danielson claimed she sustained a fracture to her right elbow and underwent surgery for her injuries. She wore a cast for several weeks and underwent several weeks of physical therapy.

Result

The parties settled for $105,000.

Other Information

MEDIATOR: Christopher J. Day FILING DATE: Oct. 25, 2013.


#110752

For reprint rights or to order a copy of your photo:

Email jeremy@reprintpros.com for prices.
Direct dial: 949-702-5390