This section contains the nature of the case and procedural background.

A Northwest Airlines Flight crashed during takeoff in August 1987 and killed all the passengers and crew and two bystanders. Ps sued Northwest and McDonnell Douglas. The airline and manufacturer filed claims against each other for contribution and indemnity. Northwest was found 100% liable, and the trial court allowed McDonnell Douglas to recover monies it had paid to settle certain claims. Northwest (D) appealed. D claims that the court erred in excluding evidence of its post-accident rewiring of the plane’s Central Aural Warning System (CAWS). D did this on its MD-80’s so that the CAWS Fail Light would illuminate upon loss of input power. D sought to prove by this circumstantial evidence that the system had been unsafe. Douglas moved in limine and got the evidence excluded. The court determined that 407 made the subsequent remedial measure inadmissible to prove culpable conduct of a tortfeasor.

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