On March 21, 2010, plaintiff Verenice Torres, 27, a correctional officer, was at a Home Depot in Selma when a palm tree that was for sale fell and struck her on her left shoulder/upper back area. Torres sued the store’s operator, The Home Depot, USA Inc. Torres alleged that the defendant’s failure to properly maintain the area created a dangerous condition that resulted in the accident. Defense counsel noted that Torres was on the apron in front of the store when the incident occurred and that video showed her son running ahead of her, near the palm trees, which were normally secured by a safety cable. Counsel further noted that shortly after Torres’ son ran ahead of her, one of the palms’ leaves/fronds struck Torres with a glancing blow and that Torres did not fall down or lose her balance., Torres filed a report with a Home Depot employee and received medical care from a local emergency room. She claimed she suffered a herniated cervical disc at the C5-6 level as a result of being struck by the tree. During the year following the incident, Torres followed a conservative treatment plan that included epidurals and physical therapy. In April 2011, Torres’ treating doctor recommended a C5-6 fusion due to her ongoing complaints of pain and in July 2011, plaintiff’s counsel referred Torres to an outside specialist, who would also recommend surgery. However, Torres elected to continue a conservative treatment regime and not undergo surgery at that time. Thus, as of the time of trial, Torres had not yet undergone surgery. The plaintiff’s experts opined that Torres would not be able to return to her work as a correctional officer due to the neck injury. Thus, during closing arguments, plaintiff’s counsel asked the jury to award Torres a total verdict of approximately $1.1 million, including compensation for Torres’ future wage loss and loss of household services in excess of $1 million. Defense counsel argued that, based on testimony from the defense’s orthopedic surgery expert and from the plaintiff’s treating neurosurgeon, Torres would have an 80 to 90 percent recovery after surgery and would be able to return to work without limitations. Counsel also noted that shortly after Torres returned from medical leave, Torres gave the Tulare County Probation Department a notice of resignation and accepted a job with the California Department of Correction as a correctional officer. Counsel further noted that Torres then completed an intense, four-month long, training course in Galt, before beginning work at Avenal State Prison. As such, defense counsel argued that Torres has worked and continues to work consistently as a correctional officer at Avenal. Thus, defense counsel asked the jury to award Torres $300,000, inclusive of past and future medical expenses and wage loss while in recovery.