On April 2, 2010, plaintiff Wayne Schoenfeld was playing in a poker tournament at the poker room of Commerce Casino. While seated, he turned around to face a TV monitor and was struck in the head by a passing rolling crate pushed by a casino employee. Schoenfeld claimed to his head and neck. Schoenfeld sued California Commerce Club Inc., which was doing business as Commerce Casino. Schoenfeld alleged that the defendant was liable for its employee’s negligence. Specifically, he claimed that the employee was walking too closely to the table and not paying attention, and that the employee’s negligent actions caused his injury. California Commerce Club disputed liability, claiming that Schoenfeld made a sudden and unexpected movement backwards, which caused him to make contact with the rolling crate and made him liable for any alleged injury sustained., Schoenfeld was taken by ambulance to an emergency room. He claimed headaches from hitting his head, as well as an aggravation of pre-existing cervical herniations, which he claimed were asymptomatic prior to the incident. Schoenfeld subsequently treated twice with physical therapy and received some cervical epidural injections. Schoenfeld claimed he still experiences residual neck pain and headaches, which he described as excruciating, severe and constant. He also claimed he is now limited in everything he does, and mostly lays in his room in the dark. He alleged that as a result, he will require neck surgery and physical therapy, as well as a possible second surgery. Thus, Schoenfeld sought recovery of $550,000 in total damages, including $28,000 in past medical costs, $175,000 in future medical costs, and an unspecified amount for his pain and suffering. Defense counsel argued that Schoenfeld did not sustain a serious injury. Counsel contended that Schoenfeld only treated twice with physical therapy following the accident, and that his damages totaled $6,000 for his initial care after the accident. Defense counsel also presented a Facebook video that was posted by Schoenfeld shortly before trial, in which Schoenfeld and his girlfriend were parasailing in Catalina. Counsel argued that the video depicted Schoenfeld engaging in an activity that Schoenfeld claimed he could not do following the accident.