On April 20, 2010, plaintiff Michelle Bogash, 50, a retiree, went to a T.J.Maxx store in Westlake Village, along with her friend and next door neighbor, Connie Risley. The two separated, during which time Bogash picked up a five-inch serrated utility knife and placed it in her shopping cart. When the two women met up at the checkout line, Risley offered to buy Bogash the knife as a gift. While Risley held onto the non-packaged handle of the knife, Bogash grabbed onto the packaged blade and began pulling it away from Risley. As both women were pulling in opposite directions, the packaging stripped off the knife and the exposed blade lacerated Bogash’s left palm. Bogash sued T.J.Maxx and the distributors of the subject knife, Meyer Corporation U.S. and Meyer Manufacturing Co. Ltd. She alleged that the defendants were negligent for the defectively designed packaging surrounding the knife. T.J. Maxx and Meyer subsequently brought a cross-complaint against Risley, alleging that she was at least contributorily negligent in causing the accident. Under one theory, plaintiff’s counsel contended that Meyer was liable for the defective knife’s packaging due to the handle being exposed, assuming the zip tie was intact at the time of the incident. Counsel argued that the packaging design provided insufficient protection and prevention of the blade being extracted. Bogash’s experts also testified as to the defective design in the knife’s packaging. Under a second theory, plaintiff’s counsel contended that T.J.Maxx was liable for negligently repackaging the knife after it was returned by another consumer. Counsel argued that T.J.Maxx had no reasonable protocol for inspecting knives after they were returned and that the subject knife was repackaged with a broken or defective zip tie, which caused the packaging to become stripped and the exposed blade to cut the plaintiff. Bogash’s husband claimed that he went to the T.J.Maxx store four or five hours later on the evening of the incident and asked to see the knife and packaging. He claimed that the store manager suggested that the knife may have been returned and repackaged. However, the store manager for T.J. Maxx testified that she never suggested as such, and claimed that Bogash’s husband was the one who suggested that the knife was returned and repackaged. Defense counsel argued that the subject zip tie was intact at the time of the incident. The defense’s mechanical engineering expert also conducted a pull test of the same knife package and determined that 25 pounds of force was enough to extract the blade from the package. Defense counsel also contended that T.J.Maxx has a reasonable standard for returned items, which includes two people inspecting the product and packaging before returned goods are restocked. Defense counsel further argued that the reckless misuse and/or abuse of the product by Bogash and Risley caused the blade to become exposed, since they were both capable of applying 25 pounds of force when they pulled the item from opposite ends., Bogash lacerated her left, non-dominant palm from the middle of her palm to her ring finger. After denying medical assistance from T.J.Maxx staff, Bogash was taken by Risley to an emergency room, where the wound was debrided and sutured. Three days later, Bogash underwent surgery to treat severed nerves and tendons in her two fingers. She later returned for follow-up evaluations and also underwent extensive hand rehabilitation and physical therapy. Bogash claimed that her surgery and therapy were mostly successful, although she lacks full range of motion in her index finger. She alleged that this affects the general use of her left hand and certain activities. Bogash claimed that a second surgery was discussed to help improve range of motion in her hand, but that she turned it down due to uncertainty. Thus, Bogash sought recovery of $20,000 in damages for past medical costs, $200,000 for past pain and suffering, and $200,000 for future pain and suffering. Defense counsel did not dispute the severity or treatment of the plaintiff’s .