On July 6, 2011, at approximately 2 p.m., the plaintiff, a 40-year-old unemployed man named Robert, was shopping in the garden department of a retail store when he stepped on a plastic plant marker covered in water and debris. As a result, his feet slipped out from under him and his right leg twisted violently, causing multiple to his right knee and leg. Robert sued the retail company, alleging the defendant failed to properly maintain its premises, creating a dangerous condition. Robert claimed that since it was a summer day, the area in the garden department was slick where the potted plants had recently been watered. He also claimed that some the markers for those plants had fallen on the floor, causing him to slip on one of them. Thus, plaintiff’s counsel contended that the store failed to have adequate policies to detect and remove plastic plant sign markers, and failed to take affirmative measures to correct a known dangerous condition. Counsel also contended that the store generally performs a safety check when it opens at 6 a.m., but that no regular safety inspections are performed after that. Plaintiff’s counsel contended that, instead, employees at the store were supposed to sweep and pick up debris whenever they can during their shift. Defense counsel contended that the store’s inspection policies were appropriate. Counsel noted that the retailer had a specific employee complete a store readiness checklist when the store was opened and that caution signs were also placed in front of the garden department., Robert injured his right knee and leg. He suffered a fracture of the fibular styloid, bony contusions to the tibia and femur, a fracture of the posteromedial tibial plateau, a tear of the anterior cruciate ligament, a bucket handle tear of the medial meniscus, a tear of the lateral meniscus, and multiple cartilage defects. He was subsequently taken from the scene of the accident by ambulance and brought to an emergency room. Robert underwent ACL reconstructive surgery on July 25, 2011, and followed up with a month of physical therapy. Robert claimed that he was a very active man before the accident and enjoyed surfing, snowboarding, scuba diving, hiking and running. However, he claimed that he is now limited in all of the activities he once enjoyed and experiences pain in his right knee, causing him to walk with a limp. He further claimed that he might require additional surgery on his right knee. Thus, Robert sought recovery of $70,000 for his past medical costs, as well as additional damages for his past and future pain and suffering.