On Jan. 25, 2015, plaintiff Paul Lesky, an unemployed 61 year old who had previously worked as a real estate appraiser and warehouseman, was walking in the produce section of Vallarta Supermarket, located at Foothill Boulevard, in Sylmar, when he struck his right knee on a metal pole near the corner of a produce display. Lesky claimed to his right knee. Lesky sued the operator of Vallarta Supermarkets Inc., Vallarta Food Enterprises Inc., alleging that the defendant was negligent for failing to warn of the dangerous condition. Lesky claimed he was focused on finding fruit and/or vegetables displayed for sale when his right knee struck a metal pole present at the corner of the produce display, which was used to protect the display from damage form shopping carts. Defense counsel contended that the metal pole that Lesky claimed caused his was not dangerous because identical poles surrounded all of the produce displays in the Produce Department of the Vallarta Supermarket. Counsel also contended that the collective presence of the poles, along with Lesky’s own deposition testimony that the poles were “shiny”, “large,” and did not contain any defects, meant that the poles were not dangerous and constituted a condition of property that was “open and obvious” to all customers shopping in the store., Lesky refused medical assistance at the scene. Five days later, he presented to his primary care physician with complaints of right knee pain, and was diagnosed with a contusion of the right knee. One month later, an MRI revealed a chronic tear of his anterior cruciate ligament, tears or post-operative changes of the posterior horns of the medial and lateral menisici, and tricompartmental osteoarthritis of the right knee. Lesky claimed the meniscal tears, which ultimately required surgery on Jan. 29, 2016, were the direct result of the impact with the pole. However, he claimed the knee surgery left him with debilitating pain, and an inability to stand for long periods of time or walk long distances. Thus, Lesky sought recovery of $1,837 in past medical costs for MediCal physician charges, $4,337.50 in past medical costs for consulting physicians’ charges, and $30,000 in past loss of earnings. He also sought recovery of damages for his past and future pain and suffering. Defense counsel noted that before Lesky’s knee contusion diagnosis, after the incident and upon examination, Lesky was found to have full range of motion without pain or effusion. Counsel also noted that Lesky initially denied any prior knee injury, but later admitted during his deposition to having injured his right knee on two prior occasions, including undergoing a prior surgery on his right knee less than two years before the incident at Vallarta Supermarket. Defense counsel added that all of Lesky’s initial medical treatment, including the Jan. 29, 2016 surgery, was paid for by MediCal and that as trial grew near, Lesky’s attorney sent Lesky to his counsel’s experts for consultations and an MRI study. Defense counsel argued that Lesky had a history of filing personal injury and workers’ compensation actions, seeking compensation for those prior to his right knee. Counsel contended that Lesky was impeached by his prior lawsuit against Rite Aid Corp., in which Lesky claimed the exact same injury to the exact same knee, and by the two additional prior workers’ compensation claims, which both involved to the right knee. Counsel also contended that Lesky was impeached by the his deposition testimony, in which he claimed he lost no time from work because was unemployed at the time of the accident, while at trial Lesky claimed he was a “freelance” real estate inspector/appraiser, even though he allowed his appraiser’s license issued by the state of California to lapse some years before the subject accident.