United States District Court, D. Hawaii
CLIFFORD MCARTHUR RIGSBEE, as Personal Representative of the Estate of Clifford Meredith Rigsbee, deceased, Plaintiff,
CITY AND COUNTY OF HONOLULU, Defendant.
ORDER DENYING DEFENDANT'S MOTION IN LIMINE NO. 2
REGARDING SUBSEQUENT REMEDIAL MEASURES (ECF No. 143)
GILLMOR, UNITED STATES DISTRICT JUDGE
City and County of Honolulu's Motion In Limine No. 2
seeks to exclude reference to or admission of evidence
relating to subsequent remedial measures taken by the
Honolulu Fire Department after the June 14, 2016, accident
involving Clifford Meredith Rigsbee (“Decedent”).
does not oppose exclusion of subsequent remedial measures
evidence, including post-incident recommendations. Plaintiff
opposes exclusion of any evidence of investigation,
fact-finding, and analyses relating to the subject incident.
City and County of Honolulu's Motion In Limine No. 2 (ECF
No. 143) is DENIED.
Rule of Evidence 407 prohibits the introduction of subsequent
remedial measures as evidence to prove negligence, culpable
conduct, a defect in the product, a defect in a product's
design, or a need for warning or instruction.
Rule of Evidence 407 provides:
When measures are taken that would have made an earlier
injury or harm less likely to occur, evidence of the
subsequent measures is not admissible to prove:
• culpable conduct;
• a defect in a product or its design; or,
• a need for a warning or instruction.
But the court may admit this evidence for another purpose,
such as impeachment or-if disputed-proving ownership,
control, or the ...