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

Jones (P) was injured on January 27, 1979, while working on a machine manufactured by the Pak Mor Company (D). Before a trial on product liability P moved to exclude all evidence of the absence of prior similar accidents. It was offered that the design of the machine that P had been injured on had been in wide use for over 26 years. That motion was granted. The trial verdict went to P and D appealed.

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