On April 13, 2014, plaintiff Kathryn Barnes, a retired 71 year old, was at Orange County Mattress, a mattress store in Mission Viejo, when she tripped and fell on a raised platform that was displaying a bed. Barnes fractured her left arm. Barnes sued the operator of Orange County Mattress, Custom Art Gallery Inc. Barnes claimed that she saw the platform as she approached it, but that it left her field of vision as she walked next to it. She alleged that although she initially saw the platform, she did not perceive and appreciate its hazardous nature and that she did not initially know what caused her to fall. Plaintiff’s counsel contended that the platform constituted a dangerous condition and violated published retail safety standards for low-lying platforms, as it measured only 7 inches off the ground and was covered with the same color carpet as the surrounding flooring. Counsel further contended that the store failed to warn of the platform or take steps to prevent customers from encountering it. The plaintiff’s safety expert testified that there was a lack of contrast between the floor and the platform, as they were both covered with the same carpet. The expert further opined that the platform was a significant tripping hazard. Defense counsel argued that Barnes saw the platform while approaching it and that Barnes failed to exercise ordinary and reasonable care for her own safety, thereby causing her own . The defense’s engineering expert opined that there was sufficient contrast between the floor and the platform., Barnes sustained a fracture of the humerus in her left, non-dominant arm. She was subsequently taken by her husband to a hospital, where the upper arm was casted. Barnes did not undergo surgery. However, she claimed the injury caused a permanent, 20-percent loss of strength and range of motion to her left shoulder. Thus, Barnes sought recovery of medical costs and damages for her pain and suffering. Her husband, plaintiff John Barnes, a 72-year-old retired man, initially sought recovery for his loss of consortium. However, he later dismissed his claim just before trial.