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McFARLAND v. BRUNO MACH. CORP.

No. 92-2236.

68 Ohio St.3d 305 (1994)

MCFARLAND ET AL., APPELLANTS, v. BRUNO MACHINERY CORPORATION, APPELLEE.

Supreme Court of Ohio.

Decided February 16, 1994.

Attorney(s) appearing for the Case

Cors & Bassett and Michael L. Gay, for appellants.

Porter, Wright, Morris & Arthur and Thomas H. Pyper, for appellee.

Frank E. Todaro, urging reversal for amicus curiae, Ohio Academy of Trial Lawyers.

Arter & Hadden, Irene C. Keyse-Walker, Mark F. McCarthy and Sonali Bustamante Wilson, urging affirmance for amicus curiae, Ohio Association of Civil Trial Attorneys.

DOUGLAS, J.

The primary issue in this case is whether the proscriptions of Evid.R. 407 apply to an action which alleges that a product is defective in design or formulation.2 More specifically, we are asked to determine whether the rule applies to a products liability claim grounded upon the theory of strict liability in tort.

Evid.R. 407, entitled "Subsequent Remedial Measures," provides:

"When, after an event, measures...

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