McClain v. Otis Elevator Co., Inc.

HEDRICK, Chief Judge.

Plaintiff first assigns error to the trial court’s exclusion of evidence that the worn leveling brush found in Elevator No. 1 following Ms. McClain’s accident was replaced and destroyed by defendant. Plaintiff contends that this evidence is admissible to show that the worn brush could have caused the elevator to malfunction in the manner described by Ms. McClain.

This issue is answered directly by the language of Rule 407 of the North Carolina Rules of Evidence which states:

When, after an event, measures are taken which, if taken previously, would have made the event less…