Prior to the accident P was being treated for back pain. Before the incident P underwent an MRI on her back, which showed 'multi-level degenerative change ... most severe at L4-5 where there is a disc extrusion and facet degenerative changes causing severe central stenosis.” A Dr. Mark Wilchinsky, who reviewed the P’s MRI and noted: 'At this point her MRI scan is impressive but her pain has markedly improved, therefore, I have recommended that she continue doing exercises on her own as she has finished with her physical therapy. If her pain gets worse then she would be a candidate for an epidural injection.' P visited D and approached a slot machine with an attached chair, which had been recently vacated by another patron. P noticed that the chair 'had a jiggle,' but sat down and began to play. P moved in the chair and the seat gave way, causing her to twist and injure her back. P was immediately in pain and was transported to a hospital for treatment. P reported that she was experiencing back and leg pain and was given muscle relaxers and pain medication. D concedes liability for the condition of the chair as well as short-term costs for P's ambulance ride and treatment. The total cost of those two items is $3,604.15. Six months later, P underwent spinal fusion surgery. The primary issue, in this case, is whether subsequent medical costs related to spinal-fusion surgery should be included in an award of damages.

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