On Aug. 31, 2008, plaintiff Johnny Murray, 40, a handyman, and his wife, plaintiff Annette Murray, were walking behind a sales associate to the back aisle of a Home Depot store in Goleta, where the microwave ovens were displayed, when Mr. Murray allegedly slipped and fell, landing on his head and back. The Murrays sued Home Depot USA Inc. and J’s Maintenance Service Inc. They alleged that Home Depot failed to maintain the premises in a reasonably safe condition and that J’s Maintenance negligently operated a floor scrubbing machine, causing it to leave water on the polished concrete floor. Thus, they claimed that the defendants’ actions caused the floor to be slippery and created a dangerous condition. Mrs. Murray settled her claim prior to trial. Thus, the matter proceeded to trial on Mr. Murray’s claim only. Mr. Murray claimed that he and his wife originally went to Home Depot to purchase a tube of wood glue, but that after exiting the store, they decided to purchase a microwave oven and re-entered the building. He claimed that as they walked behind a sales associate to the back aisle of the store, he slipped and fell in a puddle water. Plaintiffs’ counsel noted that the Home Depot incident report also indicated that the customer slipped in a puddle of water. Defense counsel noted that the time of the transaction on the receipt for the wood glue was after the time of the alleged incident. Thus, counsel contested liability based on Mr. Murray’s history of fraudulent conduct and lack of credibility. Defense counsel highlighted Mr. Murray’s 20-plus years of prison medical records, which counsel claimed provided a wealth of information, such as records of Mr. Murray allegedly swallowing a razor blade, and faking seizures and falling in order to get out of his jail cell, as well as manipulating the prison medical system in order to get “property.” Defense counsel contended that Mr. Murray readily admitted such evidence on the stand and admitted that his parole was revoked twice following one instance because he impersonated a city building inspector in order to get paid on a contractor’s job he was working on without proper licensure from the state. Plaintiffs’ counsel countered that the defense did not present testimony from any witness to calibrate the time on the receipt to the actual clock time., Mr. Murray claimed to his head, neck and lower back, including a herniated lumbar disc at the L4-5 level, as a result of the accident. He alleged he suffered nerve damage from the herniation, resulting in pain down the right leg. Mr. Murray underwent a right L4-5 microdiscectomy on April 30, 2009, and then underwent a laminectomy on Nov. 4, 2010. Mr. Murray claimed that he continues to suffer pain and will require a spinal fusion and/or spinal stimulator. Thus, at trial, he sought recovery of damages in excess of $262,000 for his past medical bills, $500,000 for his loss of earnings and earning capacity, $250,000 for his past non-economic damages and $423,600 for his future non-economic damages. Mr. Murray later dropped his claim for loss of earnings and earning capacity during trial. Mrs. Murray initially presented a derivate claim, seeking recovery for her alleged loss of consortium, but her claim settled prior to trial. The defense’s orthopedic surgery expert testified that Mr. Murray complained of chronic pain and exhibited 25 percent of normal range of motion during the independent medical exam. However, defense counsel noted that, in court, Mr. Murray used a cane in front of the jury. Thus, counsel disputed Mr. Murray’s alleged and presented surveillance videos that depicted the plaintiff moving about freely without a cane, performing car mechanic work and jumping a curb with a motorized scooter.