On Jan. 4, 2010, plaintiff Diane Munoz, 46, a medical biller, purchased some items at a checkout station in the electronics section of a Target retail store in Palmdale. After finalizing her transaction, she backed up from the station and tripped over an empty flatbed cart, causing her to fall backward. Munoz claimed she injured her lower back in the fall. Munoz sued the store’s operator, Target Corp. Munoz claimed a Target employee negligently moved the flatbed cart into place behind her as she stood at the checkout counter and then left the cart behind. Thus, she claimed that the employee created a dangerous condition and that Target Corp. was vicariously liable for its employees’ actions. Munoz further claimed that no employees assisted her after she fell. Plaintiff’s counsel contended that surveillance footage only showed Munoz fall and that footage of the cart being left by an employee was inexplicably destroyed by the store even though company policy required that video be preserved starting 20 minutes before an accident. Thus, plaintiff’s counsel moved for issue and evidence sanctions, but the motion was denied by the court. Target’s counsel argued that the cart was an open and obvious condition and that it was not dangerous. Counsel contended that even if the cart moved a few feet, it was clearly visible when Munoz walked up to the checkout station and that Munoz should have looked behind before walking backward. Thus, Target’s counsel argued that Munoz was at fault for failing to pay attention as she backed up from the checkout station., Munoz was picked up from the store by her family and she went to an emergency room later that evening with lower back complaints. She sustained a hairline fracture of the coccyx and lumbar disc protrusions at three levels. Munoz initially treated with chiropractic care and three lumbar epidural injections, but she ultimately underwent lower back surgery roughly 3.5 years after the accident. At the time of trial, Munoz claimed she was still recovering from her back surgery. She claimed she is unable to walk or sit for long periods of time, lift heavy objects, or play with her grandchildren. She alleged that as a result, she requires further diagnostics, medication, pain management, life-long physical therapy and, eventually, fusion surgery. Thus, Munoz sought recovery of $189,950 in past medical costs and $226,230 in future medical costs. She also sought recovery of damages for her pain and suffering. Munoz was unemployed at the time of the accident and did not make a claim for lost earnings. Her husband, Phillip Munoz, originally brought a derivative claim, seeking recovery for his alleged loss of consortium, but he was ultimately dismissed from the action before trial. Defense counsel contended that Ms. Munoz received no treatment for over two years and argued that Ms. Munoz’s need for surgery was unrelated to the fall. Counsel contended that Ms. Munoz had pre-existing anterolisthesis — also known as spondylolisthesis, a spinal condition in which the upper vertebral body slips forward onto the vertebra below — and that this condition caused Ms. Munoz’s need for surgery.