On Jan. 23, 2010, at around 12 noon, plaintiff Shannon Hershey, an unemployed 43 year old, was confronted by a store manager, two security personnel and a store employee after attempting to shoplift a bottle of liquor from Stater Bros. Market in Beaumont. As the store personnel attempted to detain him, Hershey sustained to his face. He also claimed he suffered neck, back and left shoulder during the confrontation. Hershey was later arrested and imprisoned for the shoplifting offense. Hershey sued Stater Bros. Markets; the store manager, David Nadeau; the store employee involved in the incident, Brandon Alexander; the senior security person, Clifford Heyman; and Heyman’s assistant, Angie Martinez. Hershey alleged that the defendants’ actions constituted negligence and battery. Hershey claimed that while he was at Stater Bros. Market, the individual defendants attacked him with no warning, resulting in a physical altercation. Thus, he alleged that the defendants failed to follow the policies and procedures for detaining a shoplifter. He also claimed video surveillance footage of the incident showed that he was attacked within seconds of being confronted and that he was detained against his will until the police were called. Defense counsel contended that the store’s security and personnel properly followed policies and procedures in their detainment of Hershey. Counsel also contended that the individual defendants did not physically assault Hershey, but that he sustained facial from crashing into a shopping cart during his resistance of the lawful detention. Defense counsel noted that a police investigation into the matter did not result in any criminal action against Stater Bros. Markets or the individual defendants., Hershey claimed he sustained facial lacerations and abrasions, as well as soft-tissue strains and sprains to his neck and back. He claimed he sustained a scrotal inguinal hernia and a linear tear of his left shoulder during the incident. Hershey alleged that his were substantiated by MRIs and that he was treated for his lacerations, abrasions and soft-tissue . Hershey claimed he still requires surgery for his hernia and arthroscopic surgery for his left shoulder. The plaintiff’s expert orthopedist opined that Hershey needs to treat his neck and back conservatively with injections. Thus, Hershey sought recovery of $5,600 in past medical costs, $82,000 in future medical costs as, and an unspecified amount of damages for his past and future pain and suffering. Defense counsel argued that Hershey only sustained facial from crashing into a shopping cart, and did not sustain any of the other alleged during the incident. Counsel further argued that Hershey did not bring any claim of soft-tissue , a hernia or a shoulder tear to a doctor’s attention until approximately two years after the incident.