On Dec. 19, 2010, at approximately 1 a.m., plaintiff Sarah Myers, 20s, a nurse, drank shots of whiskey with her friend at Horseshoe Tavern in the Marina area of San Francisco. Myers later complained of severe abdominal pain and went to an emergency room. She was then transferred to the Intensive Care Unit and underwent a CT scan of her abdomen, which revealed a shard of glass lodged just below her stomach. Myers subsequently underwent an endoscopic procedure through her throat to remove the glass. Myers sued the owner of Horseshoe Tavern, BSB Properties Inc. She alleged the defendant was liable for the shard of glass in her shot of whiskey, constituting negligence and premises liability. She later attempted to amend her complaint to include a strict liability claim for products liability. Myers claimed that she was served a whisky shot at Horseshoe Tavern with the glass shard inside, which she couldn’t identify due to the transparency. Thus, she claimed that when she drank the shot, she swallowed a one inch by two centimeter shard of glass. BSB Properties claimed that the shard of glass was not in the shot of whiskey when it was served to Myers. Defense counsel asserted that Myers ingested the shard at another point in the evening, as the plaintiff had been drinking at other bars. Counsel also offered another theory in which Myers and her friend clinked their shot glasses before drinking them, causing a shard of glass to chip off into her glass., Myers went to an emergency room with complaints of severe abdominal pain and underwent a CT scan, which revealed the glass shard. As a result, she underwent an endoscopic procedure though her throat to remove the glass. Myers received some follow-up care and began treating with a gastroenterologist nine months later due to ongoing abdominal pain, discomfort and diarrhea. Myers claimed that she has contracted irritable bowel syndrome, which was triggered by the glass swallowing incident. She claimed she still experiences ongoing symptoms and will require continued treatment with her gastroenterologist for monitoring, medication and diagnostic tests. Thus, Myers claimed $86,000 in past medical costs ($29,000 post-Howell), and sought recovery of $20,000 to $25,000 in damages for her future medical costs, as well as an unspecified amount of damages for her past and future pain and suffering. Myers did not make claim for lost earnings. Defense counsel contended that Myers made a good recovery from the endoscopic procedure and was fully healed. Counsel also contended that Myers’s alleged irritable bowel syndrome and any other alleged subsequent/ongoing symptoms were unrelated to the swallowing of the glass shard since Myers had a nine-month gap in treatment from the time of the incident.