Medina v. Costco Wholesale Corp. CA4/2
Plaintiff and appellant Martha Medina appeals after a jury trial where the jury found in favor of defendant and respondent Costco Wholesale Corporation (Costco). Medina sued Costco based on negligence and premises liability causes of action claiming she slipped and fell on something slippery and wet outside Costco’s warehouse in Rancho Cucamonga (the Warehouse), injuring herself. Medina sought to call Brad Avrit as an expert witness to testify that shopping carts and shoes tracked contaminants such as oil and dust from the parking lot to the area where she fell and caused her to slip and fall.
Costco brought its “Motion in Limine For Order Limiting Trial Testimony [of] Plaintiff’s Retained Expert Brad Avrit” (MIL) prior to trial, seeking to exclude the testimony because it was based on speculation and was not a proper subject of expert testimony. The trial court granted the MIL and the matter proceeded to trial without Avrit’s testimony.
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