Emerson v. Garvin Group, LLC

CLIFFORD H. AHRENS, Presiding Judge.

I respectfully dissent. In my view, on these facts and in the absence of any rule of law to the contrary, the trial court did not err or abuse its discretion in following well-established precedent barring evidence of subsequent remedial measures. I would affirm the trial court’s judgment.

As a preliminary matter, I question the majority’s application of our de novo standard of review to create a new rule of evidence where neither party requests de novo review. Appellant expressly invokes our review for an abuse of discretion, which is the proper standard…