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COOK v. McDONOUGH POWER EQUIPMENT, INC.

No. 83-4101.

720 F.2d 829 (1983)

Mrs. Doris COOK, Plaintiff-Appellant, Fidelity and Casualty Company of New York, Intervenor-Appellant, v. McDONOUGH POWER EQUIPMENT, INC., Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

December 2, 1983.

Attorney(s) appearing for the Case

Jones, Jones & Alexander, J.B. Jones, Jr., Cameron, La., for Cook.

John S. Bradford, Lake Charles, La., for Fidelity & Cas. Co. of N.Y.

Onebane, Donohoe, Bernard, Torian, Diaz, McNamara & Abell, James E. Diaz, Frank H. Spruiell, Jr., Lafayette, La., for defendant-appellee.

Before CLARK, Chief Judge, GARZA and JOLLY, Circuit Judges.

PER CURIAM:

In this products liability action controlled by Louisiana law, plaintiff-appellant Doris Cook challenges the trial court's use of Federal Rule of Evidence 407 to exclude evidence showing recent design changes in the allegedly defective product. Finding that the district court correctly applied F.R.E. 407, we affirm.

Cook was injured in 1979 when operating a riding lawnmower manufactured in 1972 by defendant, McDonough Power Equipment, and sold...

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