On Nov. 19, 2016, plaintiff Diana Higgins, 58, was shopping in a Big Lots store when she allegedly slipped and fell into a display shelf. She claimed to her right knee and right shoulder. Higgins sued the store’s operator, PNS Stores Inc. (initially erroneously sued as Big Lots Stores Inc.). Higgins alleged that the store’s employees were negligent in the maintenance of the store’s floor, creating a dangerous condition. Higgins claimed she slipped on a patch of dirt in the store, causing her to fall into a nearby display shelf. Plaintiff’s counsel contended that the store did not have a sweeping schedule to ensure its floors were regularly cleaned and that it, instead, instructed its employees to clean the floors on an “as needed” basis, even during busy, holiday shopping seasons. Counsel also presented video footage of the incident, which showed a cashier grab a broom and dustpan immediately after the incident, sweep the area where Higgins slipped and then disposed of the dirt into a trash can behind her cash register. Defense counsel denied there was any dangerous condition and disputed Higgins’ fall. Counsel contended that the store has numerous policies to ensure customers’ safety and that despite Higgins losing her balance, she remained upright the entire time. Counsel also contended that the video did not show any debris on the ground, but did show 22 other customers walking past the same area as Higgins on the day of the incident without slipping., Higgins claimed that she sustained a torn meniscus of her right knee and a torn rotator cuff in her right, dominant shoulder. She sought medical care 10 days after the incident, and ultimately underwent surgery for both her shoulder and knee in 2017. Higgins claimed that she did not have any pre-existing injury or treatment to her right rotator cuff or right meniscus prior to the subject incident, but that after her fall, she had pain in her right knee and shoulder. She further claimed that despite undergoing surgery, she still has pain in her right shoulder and knee and that her pain limits her activities of daily life. Defense counsel disputed Higgins’ alleged , and noted that Higgins did not seek any medical treatment until 10 days after the incident. Counsel also played a portion of the security footage that showed Higgins lifting a 32-pack of bottled water after she allegedly slipped and argued that it would have been extremely difficult for someone with a torn rotator cuff, as Higgins alleged, to have lifted such a heavy object. Defense counsel contended that Higgins sustained a neck injury that required a spinal fusion years before the subject accident and that Higgins also had an unrepaired anterior cruciate ligament tear in the same knee as the one allegedly injured in the subject accident. Counsel argued that because Higgins did not seek any medical treatment for 10 days after her alleged fall, any new she sustained were most likely due to her pre-existing conditions and not from the subject incident. Defense counsel further argued that Higgins’ ongoing pain was due to her pre-existing conditions.