On Dec. 8, 2014, plaintiff Joan Hurley-Giddens, 83, was Christmas shopping at the Target retail store on Auto Center Parkway, in Escondido. As she was in one of the aisles, she tripped over a 23-inch-tall stepladder, with an approximately 4-foot handle, that had been left unattended by Target personnel. Hurley-Giddens fell to the ground and injured her left hip. Hurley-Giddens (whose name was incorrectly spelled as “Hurley-Gidden” on court documents) sued the operator of the store, Target Corp., and the Target team member employee who allegedly left the stepladder unattended, Jackie Daniel. Hurley-Giddens alleged that Daniel created a dangerous condition by leaving the stepladder out unattended and that Target was liable for Daniel’s actions while she was in the course and scope of her work. Daniel was ultimately dismissed from the case after Target agreed to be responsible for her actions, and removal was not possible. Thus, the matter continued against Target only. Hurley-Giddens claimed that a shopping cart being used for cardboard disposal was placed directly across from the stepladder, creating a narrower aisle for her to go down. She alleged that she wanted to go through the area to get a Christmas ribbon and that there was nothing telling her not to go forward, since the aisle was not closed off. Thus, she claimed that as she attempted to walk around the shopping cart, she walked into the ladder and tripped and fell. Plaintiff’s counsel argued that the stepladder within the aisle was a tripping hazard, creating a dangerous condition. Counsel also argued that Target negligently destroyed photographic and videotaped evidence of the circumstances surrounding the incident and the subsequent aftermath. Defense counsel contended that Target’s team members, at all times, complied with stocking procedures and that the stepladder was an open and obvious visible object within the aisle that was only left unattended for seconds prior to the incident. Counsel read the plaintiff’s deposition testimony, in which Hurley-Giddens claimed that she did see the ladder just before she tripped and that she just “ran into it.” However, defense counsel noted that at trial, Hurley-Giddens admitted that she saw the ladder multiple times before she fell. Thus, counsel argued that Hurley-Giddens failed to exercise reasonable care knowing that she had a history of falls, was a high fall risk, and should have been using her cane or walker to navigate the aisle at the time of the incident. Defense counsel also denied that Target destroyed any evidence, contending that there was no video coverage in the aisle where the incident took place and that the video of Hurley-Giddens elsewhere in the store was not retained. Counsel also noted that no photographs of the scene or Hurley-Giddens were taken that day. In response, plaintiff’s counsel argued that it did not matter whether or not Hurley-Giddens saw the stepladder because it should not have been left unattended in the aisle., Hurley-Giddens sustained a hip fracture. However, she was not immediately taken to a hospital. She ultimately underwent an open reduction and internal fixation surgery within a day or two of the incident. Hurley-Giddens claimed that she now suffers from avascular necrosis and that she requires assistance from an unlicensed caretaker at $21 per hour. She alleged that as a result of the avascular necrosis, she will need a hip replacement. However, she alleged that her life expectancy is now 6.7 years, per government tables. Defense counsel did not dispute Hurley-Giddens’ hip fracture or that it was caused by the fall.