On Feb. 7, 2011, plaintiff Paula Pasillas, 70, an office cleaner, was shopping at a grocery store in San Leandro when she reached up her right hand to retrieve a can of corn from the third shelf (the highest shelf). The cans of corn were stacked one on top of the other on the highest shelf, so when she reached above her head to remove the bottom can, one or two other cans immediately fell from the display and struck her on the forehead. Pasillas sued Grocery Outlet Inc. and its owners, Tod Jackson and Debbie Jackson, for premises liability. Pasillas later learned that the true store company was Jackson Family Inc., which was doing business as San Leandro Grocery Outlet, and as a result, substituted the store name in the complaint. Plaintiff’s counsel contended the canned goods display was negligently constructed and arranged, which ultimately caused the accident. In addition, the plaintiff’s retail store expert criticized the shelves and can-stacking methods. Mr. Jackson testified that it was his store policy to not stack cans one on top of another. He also testified that the layers of cans normally had cardboard between them because they were displayed still inside their boxes in the discount grocery store. However, photographs received in evidence, which were allegedly taken at about the time of Pasillas’ injury, showed several instances of can-on-can stacking, in violation of store policy. In response, defense counsel argued that Pasillas was not clear in her testimony exactly how the cans were stacked when they fell on her. In addition, defense counsel argued that it was no surprise the upper cans fell when Pasillas removed the cans underneath them., Pasillas sustained blunt force trauma to her head, as well as a 2-centimeter laceration to her forehead. She was subsequently taken by an ambulance to an emergency room, where the laceration was sutured. A head CT scan was also given, and was negative for a skull fracture or intracranial abnormalities. In addition, Pasillas claimed that she did not lose consciousness and had no dizziness, nausea or vomiting at that time. On June 5, 2012, Pasillas presented to her treating neurologist with residual complaints and was diagnosed with post-concussion syndrome as a result of a closed head injury. She later returned to the neurologist in September 2013 for additional treatment and the treating neurology expert testified that Pasillas’ closed head injury is permanent. Defense counsel did not dispute that Pasillas sustained a cut on her forehead as a result of cans falling on her head. However, counsel contended that several of Pasillas’ alleged symptoms of her head injury, including episodes of dizziness/imbalance, were receding and self-limited. Thus, defense counsel argued that even if Pasillas sustained a closed head injury, it was not permanent.