Siruta v. Hesston Corp

In Siruta v. Hesston Corp., 232 Kan. 654, 659 P.2d 799 (1983), defendant's motion in limine was granted, precluding plaintiff from submitting evidence of subsequent design changes in his case in chief. It was not until after defendant presented testimony of its own expert that a design change proposed by plaintiff was not feasible that the court allowed the plaintiff to cross-examine defendant's witnesses about subsequent design changes. The Supreme Court approved this method of determining when subsequent remedial conduct should be admitted, holding: "In other words, in the field of products liability the rule excluding evidence of subsequent modifications has not been applied where such evidence is offered to show the technological or economic feasibility of alternative designs which would have prevented the injury. That is exactly the situation which we have in the case presently before us. The trial court refused to allow the plaintiff to admit evidence of subsequent design changes until the testimony of defendant manufacturer's expert had raised the issue as to the technological or economic feasibility of the design change suggested by plaintiff's expert." 232 Kan. at 667-68.