Emeilia Cann and Charles Cann v. Ford Motor Company

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• special verdict form phrased the liability theories conjunctively rather than disjunctively, perhaps leading the jury to believe that plaintiff had to prove each theory to prevail
• “Rule 407 speaks even more directly to the admissibility of evidence of post-accident design changes.”
• “The failure of Rule 407 to refer explicitly to actions in strict liability does not prevent its application to such actions.”
• court found congressional purpose of not deterring remedial measures applicable to strict liability cases
• “The rule excluding evidence of subsequent remedial repairs represents a common sense recognition that people are loath to take actions which increase the risk of losing a lawsuit.”
• counsel requested opportunity to make objections outside presence of jury, trial court refused, and appellate court held that counsel's failure to object was excused and that objections to jury instructions could be raised on appeal

Source: CourtListener parenthetical corpus (CC0).