On Dec. 7, 2009, plaintiff Barbara Western, 57, a workers’ compensation adjuster, went shopping at a Save Mart Supermarket in Fresno. While exiting the supermarket at around dusk, Western stepped into a divot in the parking lot, causing her to trip and fall forward. She claimed that when she hit the ground, she sustained an injury to her left shoulder. Western sued Save Mart Supermarkets. She alleged the defendant negligently maintained its premises, creating a dangerous condition. Western claimed the divot was a square with dimensions of 7 to 8 inches, which was a quarter to 2 inches deep. She contended that the divot was created by pods used by a contractor from a construction project several years before the subject incident. She further claimed the divot was filled with rain water and was very difficult to see when combined with the dusk sky at the time of the incident. Save Mart’s counsel contended that the divot was not a dangerous condition, but rather an open and obvious condition typically found in parking lots. Thus, counsel argued that Western failed to pay attention to where she was walking, causing her to trip and fall., Western was taken from the scene of the incident by ambulance and brought to a Kaiser Permanente facility. She subsequently underwent an X-ray of her left, nondominant arm, which was inconclusive, and then referred for physical therapy. Within a week of physical therapy, Western’s arm fell out of its socket, and a displaced glenoid fracture was diagnosed. A further review of her original X-ray showed she originally suffered a non-displaced fracture. On Jan. 7, 2010, Western underwent open reduction and internal fixation surgery on her left shoulder. She then followed up with roughly eight months of physical therapy. Western claimed she still visits with her treating orthopedic surgeon because of continuing pain, discomfort and limited range of motion in her left shoulder. Western claimed an inability to perform most of her old job functions, and that her injury has also restricted her from golfing and playing with her grandchildren. She also claimed she had planned on returning to work in August 2010, but that her job became unavailable by May 2010. The plaintiff’s treating and expert orthopedic surgeons opined that Western is a candidate for a full left shoulder replacement. Thus, Western sought recovery of $60,464 for past medical costs, $83,774 for future medical costs, $103,195 for past loss of earnings, $154,000 for future loss of earnings/earning capacity, $500,000 for past pain and suffering, and $500,000 for future pain and suffering. Defense counsel disputed Western’s claim for future loss of earnings/earning capacity and presented a sub rosa video of Western working at Walmart. Counsel contended that the video showed Western partaking in activities more laborious than she would have in her prior job as an adjuster. The defense’s expert orthopedic surgeon opined that Western could have returned to work as an adjuster, performing all job functions, three months after the incident.