Best Personal Injury Lawyers in Gadsden, AL

Alabama Rules of Evidence, Rule 105. Limited Admissibility When evidence which is admissible as to one party or for one purpose but not admissible as to another party or for another purpose is admitted, the court, upon request, shall restrict the evidence to its proper scope and instruct the jury accordingly. Stewart’s Comment: When this occurs in a jury trial, the judge must instruct the jury regarding the purpose for which the jury can use the evidence and that the jury is prohibited from using the evidence for other purposes. For example, the defendant claims it did not have authority or control over an allegedly dangerous condition in a parking lot. The plaintiff offered evidence that the defendant made repairs to the condition after the plaintiff was injured by the condition. A rule of evidence called “subsequent remedial measures” (Rule 407) generally prevents a plaintiff from proving that the defendant repaired the condition after an accident involving the condition to prove the defendant’s negligence. The judge should nevertheless allow the plaintiff to prove the repairs were made after the accident by the defendant to counter the defendant’s claim that it did not have control of the condition. Once the judge allows the evidence to be admitted, the defendant can request and the judge should grant a limiting instruction to the jury such as: . . .