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Petree v. Victor Fluid Power, Inc.
This case (a) explores the impeachment exception to Rule 407 and (b) illustrates the interaction between Rule 407 and Rule 403. (Ignore the fact that the warning wasn’t subsequent to the injury because this case is from 1997, before the rule was changed.) The case is also useful because it includes a list of examples that illustrate the scope of the 407 exception for impeachment – and understanding the scope of that exception is the hardest part of the rule.
Finally, the last section of the case describes the court's analysis of whether a substantial right was affected (the component of both plain error and abuse of discretion review.) Some of you might be interested in seeing what this analysis looks like.
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