Pullin v. Superior Court
California Court of Appeal
97 Cal. Rptr. 2d 447 (2000)
Relevant factsFree
After slipping and falling at a Vons Market, Pullin (plaintiff) retained expert Engdahl, who -- after Vons (defendant) refused permission for a formal floor inspection -- visited the store while open to the public, briefly tested the floor's friction coefficient with a small device without causing damage or being asked to leave, and then made a purchase before departing; Vons moved to exclude Engdahl's resulting testimony as an abuse of the discovery process, and the trial court granted the motion.
IssueFree
Whether property open to the public may be examined as part of an informal investigation outside formal discovery procedures, so long as the examination is conducted lawfully.