On the evening of April 13, 2011, plaintiff Joseph Holdener, 50, a data systems technician, went to a Safeway supermarket in Sunnyvale. He claimed that as he entered the store, he tripped and fell over hand-held shopping baskets that were stacked by Safeway’s employees on the floor at the store’s entrance. Holdener claimed to both arms. Holdener sued Safeway Inc. He alleged the stacked baskets constituted a tripping hazard and created a dangerous condition. Holdener contended that the hand-held shopping baskets were not stacked at least 3 feet high, as they were supposed to be at all times. He claimed that as a result, the baskets weren’t easily noticeable and created a tripping hazard because they were blocking the walkway. Safeway contended that the baskets were not stacked in a walkway and that they were open and obvious. It also contended that the stack of baskets did not need to be maintained at 3 feet high because they were tied in with other displays, and would have been seen and avoided if Holdener had paid proper attention to where he was going., Holdener was taken by ambulance from the scene of the accident and brought to an emergency room, where he was discharged with a referral to present to the VA hospital. He sustained a compound internal spiral fracture of his left, non-dominant humerus, as well as a fractured right radial head. On April 14, 2011, Holdener underwent open reduction and internal fixation with insertion of screws, a metal plate and rod on his left humerus. He was subsequently hospitalized for three days and followed up with his orthopedic surgeon to receive treatment for an allergic reaction to his surgical staples. According to plaintiff’s counsel, Holdener treated with physical therapy from June 2011 through October 2011, through a worker’s compensation referral, but the jury never heard evidence of this treatment. Holdener missed six weeks of work due to the accident, and his wife testified that he is unable to lift more than 30 pounds. Thus, Holdener claimed $27,695.78 in past medical costs, and sought recovery of $2,772.87 in damages for his future medical costs and $200,000 in damages for his pain and suffering. Defense counsel made a motion in limine, pursuant to a ruling in Howell v. Hamilton Meats and Provisions Inc., to only allow the jury to hear evidence as to the amount of medical bills paid, and not the gross medical bills that totaled approximately $130,000. The motion was granted and the parties stipulated to $27,695.78 for past medical costs.