Cases split on investigative report as remedial measure

Trial Notebook

By Steven P. Garmisa

Hoey & Farina

Posted February 23, 2022 11:21 AM

After a forklift accident in Virginia, Utility Trailer Manufacturing Co. asked its safety director to prepare a report on the incident. The state’s commissioner of labor and industry tried to use the report as evidence in a lawsuit that alleged UTMC violated a regulation issued by the Virginia Occupational Safety and Health Administration about workplace obstructions, but the company insisted the investigative report was inadmissible as evidence of a subsequent remedial measure. There’s a three-way in opinions on the best …

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