Lucy K. Cohen v. Western Hotels, Inc., and E. B. Degolia

The morning of August 4, 1957, appellant, having been an overnight guest at the Maurice Hotel in San Francisco, California, checked out, then with baggage and parcels in her arms started toward the main entrance and fell on a rug which was spread in the lobby of the hotel. Appellant sustained serious injuries. Alleging negligence on the part of the hotel owners in the manner in which the rug was laid, appellant brought suit. Appellee answered denying negligence and also alleging contributory negligence. The issues were tried to a jury which found in favor of appellee.

The principal contention of appellant is that the trial court committed prejudicial error in refusing to permit appellant to introduce certain proffered so-called expert testimony. She also complains of a statement of the trial court during the proceedings that he would consider federal and not state law as controlling on that question. In approaching consideration of the main issue presented to us as to the alleged error in excluding the proffered expert testimony, we note that it is agreed by both parties that the admission or rejection of such testimony is within the sound judicial discretion of the trial court,…