Gollihue v. Consolidated Rail Corp.

I respectfully dissent from the majority opinion because I find that the trial court erred in admitting evidence of subsequent remedial measures that unfairly influenced and misled the jury into determining that appellant was negligent based upon highly prejudicial and inadmissible evidence.

Furthermore, contrary to the majority’s casual dismissal of the issue on the basis of waiver, and despite the appellees’ insistence that appellant failed to object to the introduction of the evidence, I find in the record that appellant’s attorney did object in open court to admission of the evidence,…