On July 26, 2010, plaintiff Frederick Wolfson, 63, a photographer, was staying at a Hilton hotel in Glendale. Wolfson claimed that, after showering, he exited the tiled shower (which was enclosed with a glass stall) in an attempt to reach a floor mat that was hanging over the bathtub, when his rear foot slipped, and he fell forward and struck the toilet with his head and left shoulder. He claimed to his head and shoulder that prevented him from walking. Wolfson sued Hilton, hotel-operator AP/AIM Glendale Hotel TRS LLC, and hospitality company Aimbridge Hospitality LP. (He also sued Safe Step Inc., which he believed put a slip-resistant coating on the showers; it was later determined that Safe Step only put coating on the hotel’s tubs and Safe Step was dismissed, prior to trial.) According to Wolfson, he informed the hotel three days before his fall that the floor was slippery. He claimed that he asked hotel staff for a rubber floor mat, but was told that the hotel was out of mats. The plaintiff’s expert in safety engineering, who used a tribometer to measure the shower’s coefficient of friction, maintained that the coefficient of friction was below the standards set forth by the American Society for Testing and Materials (ASTM) International. The expert concluded that the shower’s coefficient of friction should have been at a level of .50. Defense counsel maintained that the hotel had no record of Wolfson reporting a slippery floor or asking for a rubber floor mat. No other patron had ever complained about the shower floor being slippery, asserted the defense. The defense’s expert in safety engineering testified that the shower’s tiled floor met the minimum allowed level of coefficient of friction, between .20 and .28, under ASTM International. The expert maintained that Wolfson’s expert in safety engineering, when measuring the shower’s coefficient of friction, did not calibrate the tribometer in accordance with ASTM standards, which had been adopted in March 2011. The defense’s expert in safety engineering maintained that Wolfson could not have fallen the way he slipped; if his back foot slipped as he exited the shower as he alleged, then he would not have fallen forward, he would have fallen backward., Wolfson was taken by taxi to a hospital, where an X-ray was normal and his left arm was put in a sling. He was given pain medication and released. The next day, Wolfson followed up with his family physician, and eight days later an MRI showed tears in the supraspinatus and infraspinatus tendons, which are elements of the rotator cuff. He presented to an orthopedic surgeon, and on Aug. 1, he underwent an arthroscopy to his shoulder to repair the torn rotator cuff. Wolfson’s arm remained immobilized and he continued to follow up with his surgeon during the ensuing months. In December, Wolfson, with his shoulder not improving, underwent another arthroscopic repair, and treated with extensive post-operative physical therapy. By 2011, he began to complain of weakness in his left leg. Throughout 2012, Wolfson continued to consult with his family doctor and surgeon. By January 2013, he reportedly began experiencing pain in his back and left foot, which prompted him to treat with a course of physical therapy, which included massage therapy, heat treatment, and exercises. An MRI showed degenerative changes at intervertebral discs T9-10 and a bulge at L3-4. His foot continued to deteriorate, and he was diagnosed with drop foot, which required him to use a cane. It was determined that he would require spinal surgery, and he underwent a T9-10 transverse discectomy with removal of osteophytes and other degenerative-related disc material. Due to his foot drop, a discectomy was later performed at L3-4, in 2013. Wolfson continued to follow up with his surgeons and treat with physical therapy through 2014. Wolfson’s orthopedic surgeon, who performed the thoracic discectomy, opined that, given how Wolfson fell, the accident caused an aggravation of a pre-existing condition to his thoracic spine, and the injury did not manifest until years later. The surgeon causally related Wolfson’s shoulder tears, lumbar bulge, and drop foot to the accident. His physical therapist discussed the course of treatment he received for his shoulder and back . Wolfson claimed that he is wheelchair-bound and relies on the assistance of his children and an in-home attendant to assist him with all activities of daily living, including cooking and helping with his personal hygiene. Wolfson’s counsel maintained that he would require an around-the-clock live-in caregiver, which was estimated at $3,285,000 (based on a cost of $219,000 a year and a 15-year life expectancy). Wolfson further sought $3.5 million for past and future pain and suffering. Defense counsel cited records of Wolfson’s original orthopedic surgeon, who reportedly noted pre-existing atrophy in the initial MRI, and the physician indicated that he was unable to discern between old and acute left-shoulder conditions. Counsel further cited Wolfson’s records which reportedly indicated that Wolfson was uncompliant with his abduction pillow, which Wolfson used to recover from his first shoulder surgery. The defense’s expert in orthopedic surgery opined that Wolfson would have felt immediate, debilitating spinal pain following the accident, and the fact he did not, indicated that he suffered no to his back, due the slip and fall. The defense noted that Wolfson was in subsequent falls that most likely contributed to his spinal and surgeries.