When you are preparing for a lawsuit, it is crucial to understand what evidence you will be allowed to present in support of your claim. On the flip side, if there is evidence you do not think the other party should be able to present, you can file a motion to try to exclude that evidence. Rulings on evidence can have a major effect on a case because they limit what a jury gets to see or hear.
In product liability lawsuits, it is essential to understand the various parties involved in the manufacture and sale of the at-issue equipment. The following lawsuit out of St. Charles Parish Louisiana shows the importance of understanding the rules of evidence and when and how to produce evidence at trial.
Grove U.S. LLC manufactured, sold, and delivered the at-issue Grove crane to H&E Equipment Services. H&E then leased the crane to Dow Chemical to use in Taft, Louisiana. While in use Grove sent H&E a notice of a Product Improvement Program related to issues involving the crane’s boom extension and structural deficiencies. H&E was authorized to repair because it was an authorized distributor. A manager at H&E contacted the crane’s supervisor at Dow to make the repairs. Dow’s supervisor said they would remove the parts instead of permitting H&E to do so.