Introduction

Friday, September 09, 2011 11:52 AM

Statutory applications of relevancy analysis. The legislature has determined

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Strict Liability, Feasibility, and Control

Friday, September 09, 2011 11:55 AM

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Cameron v. Otto Bock

Friday, September 09, 2011 11:56 AM

Cameron had a prosthetic leg, which broke into two pieces. Otto blamed the prothetist, claiming they tightened the screws on the fake leg. After When after an incident causing injury, subsequent remedial measures are enacted, they are inadmissible to prove fault Two exceptions: 1. It can still be admitted to show other things such as ownership, control, feasibility of precautionary measures a. Ownership - Ex. - D's land has a road through it, after accident county puts up sign saying dangerous road. Can't use that act to show negligence, but can to show ownership of road b. Feasible - The alternative design isn't feasible; cost prohibitive What are subsequent remedial manuals? Changes in instruction manuals, design, methods of manufacture.

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Offers to Compromise
Friday, September 09, 2011 12:07 PM

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Alpex Computer Corp. v. Nintendo Co.

Friday, September 09, 2011 12:07 PM

If you make an offer to compromise it cant be used as evidence. Alpex accused other manufacturers of infringing on their copyrights regarding a system that played pong. Nintendo wanted to show that Alpex had basically settled with 70 other companies. The language Statements made during a dispute concerning liability or damages are inadmissible Exceptions: if there's been a breach of the settlement agreement, then of course the settlement agreement is admissible to be able to prove the breach Three types of communication sent out that Nintendo wants admitted 1. Communications by a lawyer to a lawyer of another party after the lawsuit has been started a. Definitly a dispute, these communications are inadmissible 2. Letters by lawyers to company saying they'll sue a. Dispute, these communications are inadmissible 3. Offers sent by manager accusing violation of copyright, and will license for X number of $$$ a. Dispute There is a dispute once litigation has been incurred. There is a dispute when either party threatens suit. It become hazy whether a letter seeking contractual provisions which doesn't threaten a lawsuit constitutes a dispute. If all you're dealing with is offer and acceptance then there is no dispute.

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Admissions of Fault
Friday, September 09, 2011 12:16 PM

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Galarnyk v. Hostmark Management

Friday, September 09, 2011 12:16 PM

Basically fell in the bathroom of a hotel, and made a claim the bathmat wasn't secured properly. Wanted to introduce evidence that the management company would pay damages as evidence of guilt. Offers to pay are inadmissible. We don't want to discourage people from being good samaratans. What if there's a statement of fault, and promise to pay medical bills? Rule 409 only applies here. If you habe a statement where someone offer's to I was at fault = admissible, offer to pay medical bills = inadmissible

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