On Sept. 2, 2009, plaintiff Hazel Cary, a missionary in her 80s who requires a cane to walk, entered a UPS store on Piedmont Avenue in Oakland and fell forward, striking her head on a mailbox on wheels, some empty mail cartons and a work table. Cary sued UPS Store #3270; the store’s owner, Mike Patel; and the manager, Hiten Patel. Cary alleged that the defendants failed to properly maintain the store, creating a dangerous condition. Specifically, Cary claimed that the defendants negligently placed a “defective” plastic runner on the floor at the entryway to the store. She claimed that as a result, her foot became caught in the plastic runner, causing her to trip and fall. The defendants contested liability, asserting that Cary caused her fall by unbalancing herself due to dragging her foot while using a cane. A security video of the event inside the store was shown to the jury as part of both the plaintiff’s case and the defense’s case., Cary sustained contusions to the right side of her forehead, her right forearm and her right thigh. She claimed she also sustained a mild concussion and temporarily lost consciousness, as well as suffered an injury to her right shoulder. Cary was taken by her daughter from the store and brought to the emergency room at Oakland Medical Center – Kaiser Permanente for treatment. She was diagnosed with a head injury as a result of a “mechanical fall,” or fall that has been caused by other reasons other than those that can be medically proven by a doctor. However, a CT scan of her head was negative. Cary then returned to the emergency room the next day with complaints of a headache and right forearm pain. As a result, her right forearm was X-rayed, but it was negative for fracture. Thus, she was diagnosed with a contusion of the right forearm and a mild concussion. Cary then followed up with her treating primary care physician, an internist, three weeks later and was referred to an orthopedic surgeon. She then presented to the treating orthopedic surgeon with complaints of right knee pain and was diagnosed with a right thigh contusion. However, it was determined that Cary’s knees were fine. Prior to her fall at UPS, Cary had undergone two knee replacements. Following the UPS accident, Cary’s treating orthopedic surgeon determined that her knees were improving, even after the subject fall. However, Cary claimed that her mobility is now impaired and she is confined to, and totally reliant on, a wheelchair. She alleged that as a result, she is unable to reside in her home due to the size of the entryway and had to relocate to a long-term skilled nursing facility, pending the rehabilitation of her home. Cary also alleged she is managing the wheelchair with great difficulty, and is unable to attend numerous conferences and lectures that she used to participate in as a sought after lecturer and missionary. In addition, Cary claimed she still has headaches and pain in her right arm and shoulder. The plaintiff’s primary care physician testified that Cary’s could have been overlooked and been related to the subject fall. However, the physician also testified that Cary’s confinement to a wheelchair was not due to the subject accident and that Cary’s current need for long-term assisted living was not due to the subject accident. The defense’s expert orthopedic surgeon testified that Cary’s right shoulder complaints did not occur until eight months after the accident and was not causally related to the subject fall. The expert also confirmed Cary’s primary care physician’s testimony regarding Cary’s wheelchair confinement and need for long-term assisted living being not due to the subject accident.