Vons threatened to introduce the issue at trial. They were not allowed to introduce the evidence at trial, and they did not.

Ultimately, the shopper failed to prove his case. He claimed Vons was negligent for not cleaning up spilled yogurt, but during the trial somehow failed to prove (1) that there was some spilled substance which would have caused him to slip and (2) that his knee injury was caused by the slip and not by subsequent activities after he left the store.