Clausen v. Storage Tank Development Corporation

21 F.3d 1181 (1st Cir. 1994)

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Nature of the Case

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Facts

P slipped, fell, and injured his back while working as a piledriver at a job site. P sued for negligence. D owned the facility, but the occupier was Sea-3, Inc. (D1). Ds filed third-party complaints against P's employer, Goudreau Construction Corp. (Goudreau). Ds disputed who had control of the ramp where P fell. In April 1992, the ramp was replaced by D, at D1's request because the concrete cell cap had settled. P sought to introduce this evidence showing that D had ownership and control over the ramp. Prior to trial, D had filed a motion in limine seeking to exclude evidence of the changes made to the ramp both on the issues of negligence and control. D argued that evidence of subsequent remedial measures is inadmissible under Fed. R. Evid. 407 to prove negligent or culpable conduct. The court allowed the evidence but with a limiting instruction that it showed ownership only and not negligence or an admission of negligence. P got the verdict and D appealed in part over the admission of the evidence. D contends that the probative value of the evidence was 'substantially outweighed by the danger of unfair prejudice, confusion of the issues, or misleading the jury.'