Evidence-Wellborn SU2006 Outline

Anderson v malloy subsequent remedial measures

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Unformatted text preview: accident is not barred by Rule 407. Compelled remedial measures: Some courts have held that evidence of a party's own subsequent remedial measures should be admissible when the party was compelled by the government to take a precautionary act. The compulsory nature of the action negates the fear that it would be used as evidence against it. Two most widely-used "other purposes" that make admissible subsequent remedial measure evidence: Feasibility o Must be controverted first (sometimes silence signals controvertion, other times does not) Impeachment o Such impeachment should be permitted only where the witness either makes factual assertions that are contradicted by the subsequent remedial measures or claims that the product or condition was the "best" or "safest" that it could be. ANDERSON v. MALLOY [Subsequent remedial measures admissible to prove feasibility of precautionary measures FRE 407] Facts: P's were guests in a motel in St. Louis area owned and operated by Ds. One night, Linda Anderson was alone in motel room, and a...
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