Wood v. Morbark Industries, Inc.

BIRCH, Circuit Judge:

This appeal presents the first-impression issue of whether Rule 407 of the Federal Rules of Evidence applies to exclude evidence of subsequent remedial measures in strict products liability cases. We find that Rule 407 and the exceptions thereto do apply in strict products liability cases. The district court erred in its admonition to the jury to disregard the testimony concerning subsequent remedial measures that was properly admitted for impeachment purposes, and, consequently, erroneously denied Wood’s motion for a new trial. Accordingly, we reverse the denial of the…