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