140 Or. App. 114 - Ensign v. Marion County’s Empirical Analysis

Citation profile

2 federal appellate · 7 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 10 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Rule 407 prohibits evidence of “measures” that have been “taken.” We take “measures” to mean concrete actions, and to leave outside the rule’s prohibition preliminary investigations and recommendations pointing toward those actions. Even if post-accident investigations and. reports were considered “measures,” the rule would not reach them. The rule excludes “subsequent measures” that would have reduced the likelihood of the accident if they had been “taken previously,” meaning before the accident. “One cannot investigate an accident before it occurs, so an investigation and report ... cannot be a measure that is excluded.” The language of Rule 407 and the general presumption of admissibility laid down by Rule 402, along with persuasive authority from other courts, compel us to hold that evidence of post-accident investigations and recommendations are not automatically excluded as subsequent remedial measures. •”

   1 later decision quote this exact passage
   e.g. J.B. Hunt Transport, Inc., and Terry L. Brown, Jr. v. The Guardianship of Kristen Zak