Pryor v. Ralph's Grocery

Filed 8/8/06 Pryor v. Ralph's Grocery CA4/2

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FOURTH APPELLATE DISTRICT

DIVISION TWO

MARIA PRYOR,

Plaintiff and Appellant,

RALPHS GROCERY COMPANY,

Defendant and Respondent.

E037436

(Super.Ct.No. VCV028029)

OPINION

APPEAL from the Superior Court of San Bernardino County. Rufus L. Yent, Judge. Affirmed.

Welebir & McCune and James F. Tierney, III, for Plaintiff and Appellant.

Bell Orrock & Watase, Mark M. Gnesin, and Stanley O. Orrick for Defendant and Respondent.

I. INTRODUCTION

Plaintiff Maria Pryor appeals from a judgment of nonsuit entered on November 17, 2004, in favor of defendant Ralphs Grocery Company in Pryor's personal injury action. Pryor contends: (1) the trial court erred in granting defendant's motion for nonsuit because the trial court improperly weighed the evidence; (2) the trial court abused its discretion in excluding from evidence still photographs that were extracted from a videotape; (3) the trial court abused its discretion in excluding her expert witness from testifying; and (4) the trial court erred in denying her motion to tax costs. We find the trial court abused its discretion in excluding Pryor's photographic evidence; however, we conclude the error was harmless. We therefore affirm the judgment.

II. PROCEDURAL BACKGROUND AND FACTS

On March 21, 2002, at the Ralphs Grocery Store located on Highway 18 in Apple Valley, Pryor, who was then 82 years old, fell and sustained a broken hip and shoulder. She filed a negligence action against Ralphs, claiming that the store had failed to maintain safe premises.

A bench trial commenced on September 27, 2004. The court granted Ralphs's motion to bifurcate the case and try the issue of liability first.

Pryor testified that while she was entering the Ralphs store through the automatic door, â€

Description	A decision regarding personal injury action. At the Respondent's Grocery Store located on Highway 18 in Apple Valley, Appellant, who was then 82 years old, fell and sustained a broken hip and shoulder. Appellant filed a negligence action against respondent. Court affirms the judgment and denied compensation.
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