0803

I would argue that this evidence fits the "ownership or control" exception. It is not being offered to show Hart’s concession that the old bulldozer was in poor repair, but to show that Hart controlled the condition of the equiment, not Caterpiller -- on the assumption that generally speaking, only the owner will repair property.

Questions? E-mail tanford@indiana.edu and refer to 0803.

Problem 8A, part 2. Plaintiff’s expert wants to testify that Caterpillar made a design change on a closely related vehicle.

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