On April 30, 2013, plaintiff Moises Lopez, 81, a retired railroad worker, tripped and fell in Boone Street Market in Santa Maria. Lopez sustained to his right hip. Lopez sued the owner of the store, Boone Street Market Inc. Lopez claimed he fell over merchandise that had been left in the aisle by a store clerk who was stocking shelves and left to assist another customer. Defense counsel argued that the merchandise in the aisle was open and obvious and that Lopez admitted he had “severely limited” eyesight. Thus, counsel argued that Lopez was comparatively at fault., Lopez claimed he injured his right hip in the fall. He was transported to Marian Regional Medical Center, in Santa Maria, and underwent surgery on the right hip on May 1, 2013. Lopez claimed he was immobile after the surgery and subsequently had three weeks of rehabilitation at Villa Maria Healthcare Center, a skilled nursing facility in Santa Maria. However, he claimed he developed an ulcer on his left foot, which resulted in a below-the-knee amputation of his left leg on Aug. 19, 2013. Lopez claimed the ulcer and subsequent amputation were related to the fall. Thus, Lopez sought recovery of medical costs and damages for his pain and suffering. His wife, Gorgonia Lopez, sought recovery of damages for her loss of consortium. Plaintiff’s counsel asked the jury to award Mr. and Mrs. Lopez between $2.8 million and $5.6 million in damages. The parties stipulated to the amount of medical damages in the event that liability was found against Boone Street Market. Defense counsel contended that Mr. Lopez had a rather extensive pre-existing medical history, which included, among other things, long-standing vascular disease, severe diabetes and a prior amputation of the big toe on his right foot. Defense counsel argued that the subject ulcer was ischemic in nature, which was caused by a lack of blood flow due to Lopez’s long-standing vascular disease. Counsel contended that ischemic ulcers are not caused by immobility and that, accordingly, the subject ulcer was not related to the Mr. Lopez’s fall.