On March 13, 2011, plaintiff Raina Ring, 63, retired, was at her home in Calabasas when she bit down on a beef sandwich that she previously purchased from Gelson’s Market, located in Westlake Village. She subsequently bit into a 2-millimeter metal ball that was inside the sandwich. Ring claimed the bite aggravated a pre-existing temporomandibular joint disorder, which she had for over 20 years. Ring sued Gelson’s Markets, Daniel’s Western Meat Packing Inc. and JBS Distribution, LLC, which distributed and sold the beef sandwich to Ring. Ring alleged the defendants were negligent for making and selling the sandwich to her with the metal ball in it. She also alleged that the defendants breached an implied warranty of merchantability and that they were strictly liable for the incident. The defendants ultimately conceded liability. Prior to trial, JBS Distribution agreed to settle with Ring for $40,000. Thus, the matter proceeded to a damages trial against Gelson’s Market and Daniel’s Western Meat Packing., Ring admitted she had prior temporomandibular joint issues on both sides of her jaw. However, she contended when she bit down on the hard, metal ball, it caused a severe exacerbation/aggravation of her pre-existing TMJ condition. She also contended that this exacerbation led to a rapid degeneration of her left jaw’s TMJ disorder. Thus, Ring sought recovery of past and future non-economic damages. She did not seek recovery of medical expenses at trial. According to defense counsel, plaintiff’s counsel asked the jury to award Ring $1.5 million during closing arguments. Defense counsel argued that Rings voluminous medical records showed that she had a severe TMJ disorder before the incident. Counsel also admitted medical records that showed that Ring had severe pain in her TMJ, an MRI of the TMJ, and a TMJ surgical injection, all of which occurred just 30 days before the incident. Defense counsel argued that a one-time bite on a tiny object could not have caused the exacerbation/aggravation Ring claimed. Instead, counsel contended that Ring’s condition was caused by her own daily activity, including clenching and grinding of her teeth. Counsel also contended that Ring was non-compliant with her treatment. In addition, defense counsel argued that Ring was exaggerating her claims for money. Thus, defense counsel asked the jury to award Ring only $25,000 in damages for her past pain and suffering and $25,000 in damages for her future pain and suffering.