On Nov. 2, 2009, plaintiff Jorge Calderon, 63, a retired mechanic, went to the Veteran’s Thrift Store in Pomona. While turning the corner of an aisle, Calderon tripped and fell, allegedly his neck and back. Calderon sued Dav Ca Rehabilitation, which was doing business as Veteran’s Thrift Store, and Intuit Inc. Calderon alleged that the defendants’ negligent maintenance and inspection created a dangerous condition in the store. Intuit was ultimately dismissed from the case, and the matter continued against Dav Ca Rehabilitation only. Calderon claimed he tripped and fell over a shoe bench that had a pair of pants draped over it. He alleged that when he turned the corner of the aisle looking at an eye-level suit rack, he could not see the bench, as the bench was made more inconspicuous due to the pants draped over it. Thus, Calderon claimed that Dav Ca Rehabilitation failed to perform an adequate inspection of the store and that if a reasonable inspection was performed, the pants would have been noticed and removed from the bench. Dav Ca Rehabilitation claimed that it was not negligent and that the shoe bench was an open and obvious condition. It also claimed that Calderon was not paying attention to where he was going and that shoe benches are commonly located in stores. The defense’s liability expert disputed the mechanism of the fall, opining that Calderon could not have injured himself as he described., Calderon claimed he injured his neck and back in the fall. However, he acknowledged that an accident report was not made on the date of loss nor were the paramedics called. Instead, he claimed that he returned to Veteran’s Thrift Store the following day to report the accident after experiencing neck and back pain. Calderon also presented to a chiropractor that day and began a course of treatment through Jan. 13, 2010. He then presented to a hospital on Feb. 26, 2010, with complaints of neck and back pain, as well as radicular weakness in his upper and lower extremities. Calderon treated with various orthopedists, neurologists and physical therapy, and in October 2010, underwent an MRI that revealed cervical cord compression. In December 2010, he underwent a two-level cervical fusion. Calderon claimed he continued to experience residual pain and weakness after the fusion, and that his condition was worsening, but that in October 2012, he underwent a two-level cervical decompression, which finally stopped the progression of his symptoms. Calderon claimed that despite the surgeries, he still experiences residual pain and weakness, affecting his mobility and range of motion. He alleged that he was very active before the accident, but that he is now restricted from activities like fishing, camping, attending baseball games and playing with his grandchildren. Thus, Calderon sought recovery of $212,662.59 in past medical costs, and an unspecified amount of damages for his future medical costs and pain and suffering. Defense counsel disputed the nature and extent of Calderon’s and damages. Counsel contended that upon completion of Calderon’s initial chiropractic treatment, Calderon was discharged with no further injury complaints. Thus, defense counsel argued that any further complaints, treatment and/or surgery were not causally related to the subject incident. As such, counsel contended that Calderon’s reasonable medical costs were $2,800 for the chiropractic care. Defense counsel further contended that Calderon’s October 2010 MRI did not show a traumatic injury, but, rather, a longstanding degenerative condition. In addition, counsel contended that sub rosa surveillance footage showed Calderon active and moving around just fine.