During the evening of Sept. 6, 2012, plaintiff William Kidd, 62, an insurance agent, visited an El Pollo Loco restaurant on Mt. Vernon Avenue, in Bakersfield, with his wife. As Kidd exited the bathroom, he slipped and fell, slamming his head against the ground and his right knee. Kidd sued the operator of El Pollo Loco, WKS Restaurant Corp. Kidd claimed that he stepped on a slippery patch that was left by the cook, who was cleaning the kitchen. He alleged that the cook was still wearing wet boots when the cook entered the dining area to wipe down tables. Plaintiff’s counsel contended that although cleaning grills in the kitchen can take as long as two to three hours, WKS Corp. only scheduled workers an hour after closing to do the job. Counsel also contended that workers were discouraged from working after that scheduled hour because the pay would dig into the general manager’s bonus, which is based on restaurant profits. Accordingly, plaintiff’s counsel contended that since they only had an hour to clean a job that would take double or triple the amount of time, shift managers, cooks and other staff started cleaning grills as early as two hours before closing. Counsel argued that cleaning while a restaurant is still open is negligent, as the dining area can be touched by cleaning materials, which include slippery substances. Thus, counsel argued that WKS Corp. was responsible for creating a slippery substance to exist on the floor, on which Kidd claimed he slipped. In addition, plaintiff’s counsel had an investigator film and observe the staff as they cleaned, and contended that a former employee of the restaurant confirmed that the practice of cleaning before closing was still occurring. Defense counsel noted that Kidd admitted that the floor was clean and dry on his way to the restroom, and that there was nothing on the floor at that time. Defense counsel also contended that Kidd changed his sworn testimony regarding the cause of his fall and his theory of liability during litigation by first claiming that he slipped on a puddle of water that flowed from the kitchen into the hallway and then, later, claiming that he slipped on a single footprint that an employee tracked out into the hallway in the one to two minutes that Kidd was in the restroom. Counsel further contended that the employee denied having left the kitchen during the relevant time period, and testified that he was still cooking chicken on the grill at the time Kidd claimed he was in the dining room. Thus, defense counsel denied the cost-cutting allegations that were raised by plaintiff’s counsel, and argued that there was no evidence that WKS Corp. caused a dangerous condition to exist on the floor, on the night of the incident, during the one to two minutes Kidd claimed he was in the restroom. Instead, counsel contended that Kidd slipped and fell due to an imbalance resulting from intoxication in combination with an episode of atrial fibrillation, which was a medical condition documented by emergency personnel on scene. The defense’s toxicology expert opined that Kidd’s blood alcohol level was 0.1025 at the time of the incident. However, the plaintiff’s own toxicology expert opined that Kidd’s blood alcohol level at the time of fall was between .07 and .145., Kidd sustained a tear of the quadriceps tendon of his right knee. He also claimed he sustained a traumatic brain injury, caused by a brain bleed. Kidd was immediately transported to a hospital, where a CT scan was negative for any head injury, but it did show pre-existing atrophy of the brain. Months later, Kidd was diagnosed with a subdural hematoma. As a result, he underwent surgery. Kidd claimed that he has permanent brain damage as a result of the fall and that he now has a much increased likelihood of dementia later in life. He also claimed he continues to have headaches on a weekly basis. Kidd further claimed that he now suffers from short-term memory problems and that as a result, he can no longer work full time as an insurance agent. Kidd’s wife, Elaine Kidd, presented a derivative claim seeking recovery for her loss of consortium. Defense counsel argued that Mr. Kidd’s current cognitive problems and headaches are caused by pre-existing medical conditions, including degenerative white matter microvascular disease, cataracts, and other eye-related problems. Counsel also contended that Mr. Kidd continues to work in his usual position as an insurance sales person.