Paige

Filed 2/10/

CERTIFIED FOR PUBLICATION

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT

DIVISION THREE

DEBRA PAIGE,

Plaintiff and Appellant,

A159731

v. SAFEWAY, INC., (Sonoma County Super. Ct. No. SCV-262580) Defendant and Respondent.

After slipping and falling in the crosswalk of a Safeway parking lot, which was wet due to rain, appellant Debra Paige sued Safeway for negligence and premises liability. She asserted that Safeway failed to exercise due care in the manner it restriped the crosswalk several weeks before her fall by not adopting measures that would have made the crosswalk more slip resistant. The jury returned a defense verdict for Safeway. On appeal, Paige argues the trial court erroneously prohibited her from cross-examining Safeway’s liability expert about standards promulgated by the American Society of Testing and Materials (ASTM) with respect to safe walking surfaces. Paige contends that Evidence Code section 721, subdivision (b)(3) (“Section 721(b)(3)”)1 makes clear that an adverse expert may be cross-examined about a publication established as reliable authority, such as the ASTM standards,…