Remedial Remedy • Premises Liability
Gold v. Plesset Props. P’ship, PICS Case No. 16-1332 (C.P. Allegheny Oct. 11, 2016) Hertzberg, J. (10 pages).
An attempt by slip-and-fall plaintiff to include evidence of post-incident remedial measures at trial failed, on the basis of Pa.R.E. 407, adverse witness testimony, and the testimony of an expert biomechanist who analyzed the surveillance video footage. The plaintiff appealed, arguing the remedies should have been admitted as evidence and the expert should have been available for cross-examination regarding the remedial measures. The court disagreed, and reviewed its reasoning for the appellate court.
