Eaton v. Bass
United States Court of Appeals for the Sixth Circuit
214 F.2d 896 (1954)
Relevant factsFree
Eaton (plaintiff) sued Bass and Hoover Motor Express (defendants) for wrongful death after a collision allegedly caused by defective brakes on the company truck Bass was driving; at trial, the company's shop foreman testified only that the shop routinely inspected and repaired its trucks, without knowing what inspection, if any, this specific truck had received. The jury found for the defendants, and Eaton appealed, arguing the foreman's testimony was improperly admitted.
IssueFree
Whether evidence of a person's customary behavior is inadmissible to prove the person exercised due care unless the behavior is generally adopted by others in similar circumstances.