On Feb. 25, 2011, plaintiff A. Christine Kelly, 68, a communications counselor, was shopping at the Safeway at 5720 Nave Drive in Novato, when she slipped on a piece of deli meat on the floor. Kelly sustained a shoulder injury. Kelly sued Safeway Inc. for premises liability, claiming it was negligent in maintaining the premises by allowing the piece of deli meat to remain. As such, Kelly contended the store knew of the dangerous condition, but failed to remedy it. Safeway failed to follow its own “sweep policy”. The defense contended that Safeway wasn’t negligent, it had no notice of the dangerous condition and Kelly was guilty of contributory negligence for failing to observe the meat on the floor., Kelly was taken to the emergency room at Kaiser, Novato. She sustained a fracture of the humeral head leading to a malunion and resultant valgus malformation to her right dominant shoulder. Kelly sought recovery for general damages, medical and related expenses, loss of earnings, prejudgment interest and costs of suit. The defense contended that Kelly was overreaching with regard to future damages as there was no evidence of future lost income/earning capacity or future medical treatment.