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Paul Rioux died due to the collapse of concrete pipe risers on a construction site. Allegedly, Daniel Intern Corp. (D) changed the method of securing these risers after the accident. Rioux (P) brought a suit for wrongful death and made a motion in limine that this evidence of subsequent remedial measures was admissible. This action was made in federal diversity court, so the court first had to decide whether to adopt the rule in Maine, where the action took place, or to adopt the Federal Rules of Evidence.

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