Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Rigsbee v. City and County of Honolulu

United States District Court, D. Hawaii

March 7, 2019

CLIFFORD MCARTHUR RIGSBEE, as Personal Representative of the Estate of Clifford Meredith Rigsbee, deceased, Plaintiff,
v.
CITY AND COUNTY OF HONOLULU, Defendant.

          ORDER DENYING DEFENDANT'S MOTION IN LIMINE NO. 2 REGARDING SUBSEQUENT REMEDIAL MEASURES (ECF No. 143)

          HELEN GILLMOR, UNITED STATES DISTRICT JUDGE

         Defendant 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”).

         Plaintiff 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.

         Defendant City and County of Honolulu's Motion In Limine No. 2 (ECF No. 143) is DENIED.

         STANDARD OF REVIEW

         Federal 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.

         Federal 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:
• negligence;
• 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 ...

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.