Denolf v. Frank L Jursik Co.

Leave was granted in this products liability case for decision as to whether the rule of evidence excluding proof of post occurrence modifications is applicable where the subsequent modification is made by a third person not a party to the litigation. We are also asked to decide whether a declaration in a party’s pretrial statement filed in advance of the pretrial conference and not incorporated into the court’s pretrial summary was an admission in a pleading within the meaning of GCR 1963, 606. We answer both questions in the negative.

Facts

On October 14, 1969, plaintiff was employed as a…