De Weese v. JC PENNY COMPANY

I am unable to agree with the conclusion of the majority opinion, I believe that the case should be reversed and the trial court should be directed to either dismiss the action or grant a new trial.

The witness Caffall, a tile contractor, was properly permitted to testify as to the nature of terrazzo; that it is made of cement, marble chips and a suitable color; that it is laid in a plastic form; after it is set, it is ground smooth and polished; that to obviate the slickness, nonslip materials such as carborundum and London grits are added. But the witness was improperly permitted to testify…