On Nov. 10, 2009, , at approximately 10:30 p.m., plaintiff Solayman Siraj, 53, ate a meal at Solley’s Restaurant & Deli in a Sherman Oaks shopping center, where he worked as a security guard. Two days later, on Nov. 12, 2009, Siraj went to the emergency room of Sherman Oaks Hospital in Los Angeles with complaints of abdominal pain. He was discharged the same day. Siraj then returned to the hospital on Nov. 14, 2009, when his severe abdominal pain returned. Dr. Tirso del Junco Jr., the emergency surgeon, noted that Siraj had “free air” in his abdominal cavity, which was indicative of having a perforation in his gastrointestinal tract. As a result, del Junco performed an eight-inch incision of Siraj’s abdomen and performed a visual inspection of his intestines. During the surgical procedure, del Junco found that a 2.5-inch toothpick had punctured Siraj’s duodenum, which resulted in the free air. The toothpick was found to be fully intact and with no visible bite marks. Siraj claimed he ingested the tooth pick while eating a hamburger purchased from Solley’s Restaurant & Deli. Siraj sued Jerry’s Famous Deli, which was doing business as Solley’s Restaurant & Deli. He alleged the deli was negligent for the foreign object in his food. Siraj claimed that while eating a hamburger from Solley’s Restaurant & Deli, he unknowingly swallowed the toothpick, which was placed in the burger by restaurant staff. He alleged that at some point while eating the hamburger, he felt pain in his throat and believed that it was “tough meat.” Siraj claimed that because he ate at Solley’s every day for the past 20 years, the toothpick must have come from the restaurant. Jerry’s Famous Deli contended that it did not put toothpicks in its hamburgers, and that none of its employees placed a toothpick in Siraj’s hamburger on Nov. 10, 2009. Defense counsel argued that Siraj had no proof of the toothpick coming from Jerry’s Famous Deli, as Siraj never saw a toothpick at any time while eating the burger nor did he have any information of anyone placing a toothpick in his hamburger. Defense counsel further argued that Siraj did not eat every meal at the restaurant, and employees often saw him with a toothpick in his mouth. In addition, counsel argued that the type of toothpick found inside Siraj was different from any type of toothpick used at the restaurant. Defense counsel asserted that Siraj complained of throat pain, stabbing neck pain and a “foreign body sensation” in his throat in the weeks leading up to his meal on Nov. 10, 2009. Counsel also asserted that Siraj did not complain to anyone about having throat pain while eating the subject hamburger until after the lawsuit was filed. Defense counsel contended that documented medical studies have noted that toothpicks can stay present inside of a person’s gastrointestinal tract for six months or longer. Counsel further contended that the findings also stated that 88 percent of people who swallow toothpicks do so unknowingly., Siraj claimed that swallowing the toothpick caused a puncture and perforation to his duodenum, causing “free air” to build in his abdominal cavity, resulting in abdominal pain. The perforation was ultimately discovered during a surgical incision and inspection performed by Dr. del Junco. One year after the procedure, Siraj underwent a second surgery to repair a hernia near the original incision. Siraj claimed that prior to the injury, he was exceptionally fit, agile and was proud of his physical appearance. He claimed that after the injury, he could no longer run or perform gymnastics and strength exercises, and that his sexual ability was also hindered. Siraj further claimed that one of his treating physicians opined that he may require further hernia repairs near the original incision line. Thus, Siraj sought recovery of $100,000 in damages for past medical costs and $400,000 in damages for his past and future pain and suffering. He did not make a wage loss claim and withdrew his claim for future medical costs at trial.