Legal Opinion

Petree, David and Petree, Diane L., His Wife v. Victor Fluid Power, Inc. Appeal of David Petree and Diane L. Petree

Court of Appeals for the Third Circuit

Decided November 7, 1989No. 89-1003PublishedCited by 28 opinions

1Opinion of the Court

OPINION OF THE COURT

A. LEON HIGGINBOTHAM, Jr., Circuit Judge.

In this appeal, we review a district court’s refusal to allow evidence of a warning decal to be used for impeachment, under the impeachment exception to Fed.R. Evid. 407, on grounds that such evidence was inadmissible under Fed.R.Evid. 403. Upon our review of the record and relevant case law, we conclude that the district court committed error and vacate the judgment of the district court.

I

The facts of this case are well summarized in our previous opinion, Petree v. Victor Fluid Power, Inc., 831 F.2d 1191 (3d Cir.1987) (“Victor…

2Cases cited19 opinions

  1. Francis J. McQueeney v. Wilmington Trust Company, Trustee, and Anndep Steamship CorporationCourt of Appeals for the Third Circuit · 1985
  2. Sarah Helen Williams Dollar v. Long Mfg., N. C., Inc., and Third-Party v. Nichols Tractor Company, Inc., Third-PartyCourt of Appeals for the Third Circuit · 1977
  3. Howard Jay Josephs v. Harris Corporation, a Delaware CorporationCourt of Appeals for the Third Circuit · 1982
  4. Forrest A. Flaminio and Gloria Flaminio v. Honda Motor Company, Ltd., a Japanese CorporationCourt of Appeals for the Seventh Circuit · 1984
  5. Sherk v. DAISY-HEDDON, ETC.Supreme Court of Pennsylvania · 1982

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3Cited by28 opinions

  1. Stecyk v. Bell Helicopter Textron, Inc.Court of Appeals for the Third Circuit · 2002
  2. Marjetta Wilkinson v. Carnival Cruise Lines, Inc.Court of Appeals for the Eleventh Circuit · 1991
  3. Joseph Kelly and Cynthia Kelly v. Crown Equipment CompanyCourt of Appeals for the Third Circuit · 1992
  4. Complaint of Consolidation Coal Company, as Owner of the Motor Vessel Elizabeth and as Charterer of Barge Number Mc 1029, for Exoneration From or Limitation of Liability. George NewmanCourt of Appeals for the Third Circuit · 1997
  5. Benjamin Harrison and Rosalind Harrison v. Sears, Roebuck and Company and Emerson Electric CompanyCourt of Appeals for the First Circuit · 1992

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