On Sept. 7, 2008, plaintiff Bernard Martinez, 47, a foreman, went to El Ranchito Bakery in Fresno to buy some bread. After making his purchase and walking toward the exit, Martinez slipped and fell, allegedly his right thigh and lower back. Martinez sued El Ranchito Bakery. He alleged that the defendant failed to warn of a wet floor, creating a dangerous condition. Martinez contended that an employee of El Ranchito had just finished mopping the area where he slipped, but that there were no warning signs or cones in the area of the fall. He claimed that the lack of any safety warnings caused the accident and his personal . Plaintiff’s counsel deposed two eyewitnesses, who corroborated with Martinez’s account of the accident. El Ranchito claimed that the employee moved the sign to the restaurant area of the premises, where he continued mopping, once the area in question had dried. It also claimed that the accident couldn’t have happened the way Martinez described since there was no existing slipping hazard., The day after the accident, Martinez went to an urgent care facility with complaints of right thigh and lower back pain. He then followed up with his primary care physician and was diagnosed with a pulled right hamstring, for which he received physical therapy. Martinez also treated with an orthopedist and was diagnosed with an aggravation of a pre-existing lower back condition. In November 2010, he underwent a two-level lumbar fusion at the L4-5 and L5-S1 levels. Martinez claimed that he still experiences pain and discomfort in his lower back, as well as minor issues with his right hamstring. He alleged that as a result, he is limited in physical activity and can no longer play golf or go waterskiing. He also missed 112 hours of work while he was recovering. Thus, Martinez claimed $2,800 in past lost earnings and $212,000 in past medical costs ($50,000 post-Howell). He further sought an unspecified amount of damages for his future medical costs and his past and future pain and suffering. Defense counsel did not dispute Martinez’s pulled hamstring, but argued that his lower back injury was not related to the accident in question. Counsel contended that the lower back injury was pre-existing and not seriously aggravated from the slip and fall. In addition, defense counsel contended that Martinez’s surgery was unrelated to the accident since it took place over a year later.