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Forma Scientific Inc. v. Biosera Inc.6/1/1998
genwerk Aktiengesellschaft, 621 F.2d 230, 233 (6th Cir. 1980) (by claiming that a design was changed to comply with government regulations, a defendant does not raise a controversy on the question of feasibility). Furthermore, Forma's expert testified that a different switch design was feasible prior to the accident:
COUNSEL: ack in 1990, could Forma have put some guarding or additional protection on its on/off switch?
WITNESS: I am quite confident that they could have.
III.
Because I believe that CRE 407 applies and that feasibility is not a genuine issue in this case, I would exclude evidence of Forma's post-accident design changes. Accordingly, I would reverse the court of appeals and remand for a new trial.
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