Diehl v. Blaw-Knox
United States Court of Appeals for the Sixth Circuit
360 F.3d 426 (6th Cir. 2004)
Relevant factsFree
Diehl (plaintiff) was injured when a road widener manufactured by Blaw-Knox (defendant) reversed and crushed his leg, and after the accident, Diehl's non-party employer IA welded on a rear bumper, relocated the back-up alarm, and added a warning sign to the equipment; the district court excluded evidence of these remedial measures under both FRE 407 (subsequent remedial measures) and FRE 403 (risk of juror confusion), ruling for Blaw-Knox.
IssueFree
Whether Federal Rule of Evidence 407 excludes evidence of subsequent remedial measures taken by a person who is not a party to the lawsuit.