On July 28, 2011, plaintiff Larry Rodarte, 68, a warehouse manager, was at Alta Dena Express’ minimart to purchase milk. He alleged that he slipped on a banana peel in the parking lot and injured his left leg. Rodarte sued the operator of Alta Dena Express, Neelkanth Investments Inc. Rodarte alleged that Neelkanth Investments failed to properly maintain the parking lot, creating a dangerous condition. Defense counsel argued that there was no actual or constructive notice of an allegedly dangerous condition on the property and, therefore, there was no breach of duty under the negligence-based claim. Counsel further argued that even if there was actual or constructive notice, the allegedly dangerous condition, the banana peel, was open and obvious., Rodarte fractured his left leg’s tibial plateau, tibia shaft, and fibula. He subsequently underwent two surgeries to repair and stabilize his left leg within one year of the fall. He also received extensive post-operative care and rehabilitation, which included a two-week stay at a rehabilitation treatment facility. Rodarte claimed he missed time from work as a result of his . Thus, he sought recovery of approximately $90,000 in past medical costs and $375,000 in past loss of income and earning capacity. He also sought recovery of damages for his pain and suffering. Rodarte’s wife, Norma, presented a derivative claim, seeking damages for her loss of consortium. Thus, plaintiffs’ counsel asked the jury to award the Rodartes $1.2 million dollars in total damages. Defense counsel noted that Mr. Rodarte had prior surgery to place a stent in his left leg and that Mr. Rodarte had a medical history that included high cholesterol, diabetes, and other medical conditions that resulted in poor health and mobility issues. Counsel also contended that medical records revealed that Mr. Rodarte had complaints of left leg pain for years before the subject incident occurred. In regard to Mr. Rodarte’s alleged loss of earnings claim, defense counsel argued that Mr. Rodarte, at 68 years old, had voluntarily resigned from his job approximately one month before the subject incident. Counsel contended that while Mr. Rodarte claimed he would have found another job, and was planning on doing so, he stated at deposition that he had retired. Counsel also argued that Mr. Rodarte later made several changes to his deposition transcript, which, combined with contradictions in his responses to written discovery such as stating that he had no prior left leg complaints, called his credibility into question. In additionally, defense counsel argued that plaintiffs’ counsel did not put any non-party percipient witnesses, medical professionals, or vocational experts on the stand.