Agostinho v. Fairbanks Clinic Partnership

OPINION

MOORE, Justice.

This appeal concerns the admissibility of evidence of remedial repairs. The trial court granted a protective order barring admission of the appellant’s evidence pursuant to Alaska Evidence Rule 407. We conclude that the trial court could not properly determine the admissibility of the evidence without holding a pre-trial evidentia-ry hearing to determine whether it fell within an exception to Rule 407. We therefore reverse and remand the matter to the trial court for a new trial.

I. FACTS AND PROCEEDINGS

Joaquim V. Agostinho slipped and fell on a walkway outside of the…