On Oct. 31, 2018, plaintiff Scott Smith, 56, a real estate agent, was having new carpeting installed in his two-story townhouse, in San Clemente. Smith purchased the new carpeting from Empire Today, LLC. Empire contracted with Vargas Flooring Inc. to remove Smith’s old carpeting and install the new carpeting. However, Smith claimed that while he was outside of the townhouse, he was knocked to the ground and rendered unconscious. Smith claimed to his head, neck, lower back and a shoulder. Smith sued Empire Today, LLC and Vargas Flooring Inc. Smith alleged that Empire Today and Vargas Flooring were negligent for failing to properly train and supervise their respective employees. Smith claimed that he was struck on his face and neck by a roll of carpeting that weighed 200 pounds and that he lost consciousness and fell to the ground. He claimed that employees from Vargas threw rolls of the old carpeting out of a second story window and that one of the thrown rolls of carpeting struck him. Defense counsel argued that Smith was not struck by the roll of carpeting, and disputed that the incident even happened. In addition, counsel noted that there were no eyewitnesses to the alleged incident., The trial was bifurcated. Damages were not before the court. On the day of the incident, Smith was taken to Mission Hospital, in Mission Viejo, where he was diagnosed with a mild traumatic brain injury in the form of a concussion. He claimed that shortly thereafter, he developed significant neck, shoulder and lower back symptoms. Smith alleged that he sustained cervical sprains and herniated cervical discs at the C4-5 and C5-6 levels, which he claimed aggravated pre-existing osteoarthritic degenerative changes. He also claimed he suffered rotator cuff and labral tears with sprains to both shoulders, which he claimed aggravated pre-existing degenerative changes. For treatment, Smith underwent bilateral shoulder surgeries and a two-level cervical fusion. Smith alleged that his pre-existing degenerative conditions were relatively asymptomatic prior to the incident, but that the subject incident aggravated his conditions. He also alleged that as a result, he requires lifelong care for his residual head, neck, lower back and shoulder problems. In addition, he alleged that he will require a future lower back surgery. Smith sought recovery of $294,570.49 in past medical expenses and $592,400 in future medical expenses. He also sought recovery of damages for his past and future pain and suffering. Defense counsel contended that Smith’s resulting care was for his pre-existing problems, which were not aggravated by the alleged incident.