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The 3rd Circuit has ordered a new trial in a products liability suit because the defense lawyers were improperly permitted to present evidence of the "absence of prior accidents" with a piece of factory equipment. Judge D. Brooks Smith noted in the opinion that "there is always a first victim," and found that, under Pennsylvania law, courts have recognized that there is a "heightened risk that testimony concerning the alleged absence of prior accidents may confuse or mislead the jury."
September 22, 2005 at 12:00 AM
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The original version of this story was published on Law.Com
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