On Dec. 3, 2014, plaintiff Jesus Guzman, 73, a retiree, was visiting his wife, who was recovering from bariatric surgery, on the fourth floor of Fresno Heart & Surgical Hospital, in Fresno. As Guzman attempted to get up out of a bariatric recliner, he fell on his left side. He claimed to his left shoulder and knee. Guzman sued the operator of the hospital, Fresno Heart Hospital, LLC (which was erroneously sued as Fresno Heart & Surgical Hospital). Guzman alleged that Fresno Heart Hospital negligently maintained its premises, creating a dangerous condition. Guzman noted that the bariatric recliner had a warning label on it that stated that if you do not lower the footrest before getting up, it could cause serious injury or death. He claimed that, based on the warning label, Fresno Heart Hospital should not have purchased a dangerous recliner and that the hospital did not do its annual inspection to ensure the recliner was working properly. He also claimed that the hospital should have shown him how to use the recliner and that since he speaks Spanish, the hospital should have provided a Spanish interpreter to read the warning label to him. Defense counsel contended that the hospital was not negligent and that Guzman caused his fall by not lowering the foot rest before attempting to get up. Counsel also contended that the recliner was inspected after the fall and that it was found to have no mechanical defects. In response, plaintiff’s counsel argued that the wrong chair was inspected because the hospital had purchased 40 recliners and could not conclusively verify that the same chair was inspected., Guzman claimed he sustained a torn rotator cuff of the left shoulder, and pain and swelling of the left knee. On Jan. 20, 2015, he underwent a left, reverse total shoulder arthroplasty, which was performed by an orthopedic surgeon at Adventist Medical Center – Hanford. Guzman was discharged home in stable condition on Jan. 21, 2015. Four days later, Guzman was re-admitted to Adventist Medical Center – Hanford with complaints of pain and swelling to his left knee. According to his history and physical, Guzman noticed pain in his left knee on Jan. 21, 2015 and that it had worsened over the next couple of days. X-rays of Guzman’s knee showed moderate, degenerative arthritis with calcification. Guzman’s treating orthopedic surgeon, who previously performed the reverse arthroplasty on his left shoulder, diagnosed Guzman with osteoarthritis, rather than a septic joint. An intra-articular steroid injection was administered, and Guzman was discharged home in stable condition, with no home health care, on Jan. 27, 2015. On Feb. 9, 2015, Guzman followed up with his treating orthopedic surgeon and the plan was to undergo active and passive range of motion strengthening exercises in two weeks. Guzman claimed he has limited range of motion in his left shoulder and the condition is ongoing. The plaintiff’s expert orthopedic surgeon opined that the fall caused Guzman’s left shoulder and knee . Guzman sought recovery of $27,958.22 in total past medical costs and an unspecified amount of damages for his past pain and suffering. (He did not seek recovery of future damages.) Defense counsel noted that, according to the operative report from the reverse arthroplasty, extensive wear was noted in Guzman’s glenohumeral joint. Defense counsel also noted that the plaintiff’s treating orthopedic surgeon’s progress note during the follow-up visit documented no complaints and minimal pain. The defense’s expert orthopedic surgeon opined that, based on Guzman’s pre-existing conditions and an MRI that showed longstanding, degenerative conditions in Guzman’s left shoulder, the fall did not cause Guzman’s alleged .