On Aug. 13, 2011, plaintiff Karmen Hayraptian, 49, a food preparer, and her 17-year-old daughter were returning to their rooms from the pool area of the Marriott Palm Desert when a Marriott employee operating a golf cart offered them a ride. Hayraptian’s daughter was instructed to sit in the front passenger seat, while Hayraptian was directed to the back portion of the cart, where there were no seat belts. As the employee accelerated and made a sharp turn, Hayraptian was thrown from the back of the cart and onto the pavement, where she allegedly injured her neck and lower back. Hayraptian sued Marriott Resorts, alleging that the Marriott employee was negligent in the operation of the golf cart and that Marriott Resorts was vicariously liable for its employee’s actions. Hayraptian claimed that the back portion of the golf cart was unsafe, in that there were no seat belts or other restrains. She claimed that when she entered the cart, the rear was in the “out” position, intended for carrying luggage, instead of in the “up” position, intended for carrying passengers. She claimed that as a result, she had to sit in the back row with both of her legs extended. Hayraptian further claimed that while seated in the unstable position, the driver, without warning or confirming that all of the passengers were completely seated, suddenly accelerated and made a sudden sharp turn that threw her from the cart. Marriott Resorts initially claimed that Hayraptian was at fault for not sitting down properly, standing up on the cart, and “moving too much.” However, Hayraptian responded that she was not standing up in the cart and that even if she was, the driver should not have accelerated the cart. Marriott Resorts ultimately admitted liability., Hayraptian claimed severe to her cervical and lumbar spine and was taken by ambulance to an emergency room. She subsequently underwent an MRI of her spine and was diagnosed with multiple disc bulges with moderate spinal stenosis of her cervical spine. The MRI of her lumbar spine was negative. After months of conservative treatment, which included three to four months of chiropractic care and one epidural injection, Hayraptian underwent a discogram that proved abnormal. On April 18, 2013, she underwent a discectomy and bilateral foraminotomy at C5-6. Hayraptian claimed that cervical spine pressure and signs of radiculopathy diminished immediately after the surgery and that after a month of physical therapy, she was able to return to work on a full-time basis. Thus, Hayraptian claimed $153,000 in past medical costs and $26,500 in past lost earnings. She also sought damages for her pain and suffering.