February 18, 2022

Paige v. Safeway, Inc. (Feb. 10, 2022, A159731)

Plaintiff slipped and fell in the crosswalk of a wet grocery store parking lot. Plaintiff sued and the grocery asked the court to preclude plaintiff from introducing evidence of American Society of Testing and Materials (ASTM) standards for safe walking surfaces. The court granted the motion. The jury found for the grocery store and plaintiff appealed, arguing that exclusion of the ASTM standards was prejudicial error.

The Court of Appeal affirmed. Although the court concluded that ASTM standards are “reliable authority” under Evidence Code section 721(b)(3) and therefore should have been admitted into evidence, the error was harmless because evidence of ASTM standards was not required for plaintiff’s case.