WOOD v. MORBARK INDUSTRIES, INC.

No. 93-3472.

70 F.3d 1201 (1995)

Ruby WOOD, Personal Representative of the Estate of Ginger Wood, Deceased, Plaintiff-Appellant, v. MORBARK INDUSTRIES, INC., and Morbark Miss., Inc., Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

December 18, 1995.


Attorney(s) appearing for the Case

William K. Jennings, DeFuniak Springs, FL, for appellant.

John W. Wylie, Andela C. Flowers, Kubicki & Draper, Miami, FL, for appellees.

Before ANDERSON and BIRCH, Circuit Judges, and JOHNSON, Senior Circuit Judge.


BIRCH, Circuit Judge:

This appeal presents the first-impression issue of whether Rule 407 of the Federal Rules of Evidence applies to exclude evidence of subsequent remedial measures in strict products liability cases. We find that Rule 407 and the exceptions thereto do apply in strict products liability cases. The district court erred in its admonition to the jury to disregard the testimony concerning subsequent remedial measures that was properly admitted for impeachment...

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