On Sept. 8 2007, plaintiff’s decedent Catherine Mayne, a 54-year-old on disability, was at a Ralphs grocery store in Murrieta when she slipped and fell. She claimed an aggravation of a lower back injury, resulting in fusion surgery. However, Mayne later developed a methicillin-resistant Staphylococcus aureus infection in her lower back and passed away on Feb. 22, 2010. The decedent originally brought a premises liability claim against Ralphs Grocery Co. and The Kroger Co., the owning entity of Ralphs, before she passed away. The claim was then amended to include a wrongful death claim and she was replaced in the action by her estate. Thus, one the decedent’s daughters, Desiree Jackson, acting individually and as executrix of her mother’s estate; the decedent’s other daughters, DeAnna Villegas, Nicole Smith and Kionna Redd; and Warner Jackson, acting on the behalf of minors whom the decedent was legal guardian to, Keyla Smith-Redd, Anthony Smith and Kassandra Mayne, sued Ralphs Grocery Co. and The Kroger Co. The decedent’s family alleged that the defendants failed to maintain a safe premises, creating a dangerous condition and making them liable for the decedent’s wrongful death. One of the decedent’s daughters, Smith, ultimately dismissed her case against the defendants, and The Kroger Co. was also let out of the case. Thus, the matter proceeded to mediation with the other plaintiffs’ claims against Ralphs Grocery only. Prior to her death, Catherine Mayne claimed that she slipped and fell on a spill that was not properly cleaned. As a result, plaintiffs’ counsel contended that the spill, likely beer, was not properly cleaned by Ralphs’ employees, causing the decedent to slip and fall and sustain a back injury that ultimately caused her death. Ralphs disputed liability, claiming that the subject spill was properly cleaned. It also claimed that the decedent slipped and fell in a different area of the store. However, according to plaintiffs’ counsel, Ralphs failed to provide surveillance video footage of the accident, claiming it wasn’t working on the date of loss., Catherine Mayne, who had a pre-existing lumbar injury and prior surgery, presented to a doctor with complaints of lower back pain 10 days after the incident. She was subsequently diagnosed with a 1-centimeter subluxation at L4-5, which her family claimed was caused by an aggravation of her pre-existing condition. On Jan. 15, 2008, Mayne underwent a lumbar fusion at L4-5, which resulted in her developing a wound infection that led to a MRSA infection. Mayne’s family claimed that the infection progressed for over two years, ultimately leading to the decedent’s death on Feb. 22, 2010. The decedent was 57. She left behind four daughters and three minor children (two girls and a boy) who she was legal guardian to. Thus, the decedent’s family sought recovery of non-economic wrongful death damages for the loss of the decedent. Defense counsel contended that the decedent’s pre-existing lower back condition was the cause for her fusion surgery at L4-5 and subsequent MRSA infection. Thus, counsel argued that the surgery, MRSA infection and death of the decedent were unrelated to the alleged slip and fall.