Facts

On Jan. 26, 2012, Michelle Manire tripped while she was walking in a parking lot. She dislocated her left shoulder, and was taken to an emergency room for treatment.

A few weeks later, on Feb. 19, Manire went out for the evening. However, while she was eating at the Rusty Pelican in Newport Beach, a busser dropped a tray full of dishes onto her, damaging her shoulder.

Manire then sued Superior Parking and 207 Seaside LLC, the occupant and owner of the parking lot, respectively. She also sued Bubba Gump Shrimp Co. Restaurants Inc., the operator of the Rusty Pelican.

Bubba Gump Shrimp admitted liability for the employee's accident and settled with the plaintiff.

PLAINTIFF'S CONTENTIONS:
Manire argued that both Superior Parking and 207 Seaside were negligent in their maintenance, causing dangerous conditions. She argued that Superior Parking and 207 Seaside had caused her to trip because they had left a chain hanging between two parking poles, which she tripped on due to poor lighting. She further argued that they both should have known of the chain, but failed to do anything about it.

She also argued that Bubba Gump Shrimp was liable for the employee who had dropped a tray on her.

DEFENDANT'S CONTENTIONS:
Superior Parking and 207 Seaside argued that the chain was open and obvious, making it Manire's fault for tripping on it.

Damages

Manire sought $18,000 in past medical costs, $50,000 in lost earnings, and an unspecified amount for pain and suffering.

Injuries

Manire fractured and dislocated her left shoulder, which required surgery and physical therapy. The additional damage done by the tray of dishes made her condition worse, causing nerve damage.

Result

Manire settled with Superior Parking for $110,000. The settlement with Superior Parking released 207 Seaside from any further liability.

Other Information

MEDIATOR: Sean M. Burke.