Opinion

Schmoock v. Kansas City Southern Railway Company

Court
District Court, M.D. Louisiana
Filed
Feb 19, 2025
Cited by
0 cases
Authority
More cited than 34.0%

The opinion

UNITED STATES DISTRICT COURT

MIDDLE DISTRICT OF LOUISIANA

TRAVIS SCHMOOCK

CIVIL ACTION

VERSUS

NO. 20-CV-309-JWD-SDJ

THE KANSAS CITY SOUTHERN

RAILWAY COMPANY, ET AL.

RULING ON KANSAS CITY SOUTHERN RAILWAY COMPANY’S MOTION IN

LIMINE TO EXCLUDE SUBSEQUENT REMEDIAL MEASURES

Before the Court is the Motion in Limine to Exclude Subsequent Remedial Measures (Doc.

63) (“Motion”) brought by defendant Kansas City Southern Railway Company (“KCSR” or

“Defendant”). It is opposed by plaintiff Travis Schmoock (“Plaintiff” or “Schmoock”). (Doc. 67.)

No reply brief was filed. The Court has carefully considered the law, facts in the record, and

arguments and submissions of the parties and is prepared to rule. For the following reasons, the

Motion is deferred until trial.

I. BACKGROUND

On July 25, 2018, Plaintiff was involved in a single vehicle motorcycle accident at the

Chenal Road railroad crossing in Pointe Coupee Parish, Louisiana. (Doc. 59 at 7, Pretrial Order

(“PTO”), Established Facts.) Plaintiff contends “a loose board from the railroad track popped up

and hit the back tire of [Plaintiff’s] motorcycle, causing him to lose control and crash, thereby

causing [him] injuries and damages . . . .” (Id. at 1-2.) Defendant argues that the crossing was

properly maintained, it was not negligent, and that the accident and damages “were due solely as

a result of [Plaintiff’s] negligence.” (Id. at 3.)

II. THE MOTION

In its Motion, KCSR asks the Court to prohibit Plaintiff from introducing evidence,

arguing, or referring to “remedial measures taken or made by KCSR at the subject grade crossing

subsequent to the occurrence of the instant accident including, but not limited to, the addition of

bolts or screws to the crossing surface planks.” (Doc. 63 at 1.) KCSR argues that the admission of

such evidence would violate Federal Rule of Evidence 407, which prohibits the introduction of

measures taken subsequent to the subject accident when the evidence is introduced for the purpose

of proving negligence, culpable conduct, a defect in a product or its design, or a need for warning

or instruction. (Id.) KCSR specifically asks the Court to preclude the introduction of argument or

evidence regarding subsequent repairs to the crossing including “new hardware . . . installed to

secure the loose timbers . . . .” which Plaintiff argues caused the accident. (Doc. 63-1 at 1-2.)

III. THE OPPOSITION

Plaintiff urges the Court to deny the Motion because it is “overly broad” and the disputed

evidence may be admissible when offered for a purpose other than those mentioned specifically in

Rule 407. (Doc. 67 at 2.) Plaintiff does not say specifically what other purpose this evidence might

be offered for. Plaintiff also suggests that Rule 407 does not prohibit “evidence of repairs that

render [the] situation the same as it was at [the] time of [the] accident. (Id. at 1 (citation omitted).)

IV. STANDARD

Rule 407 states:

Rule 407. Subsequent Remedial Measures

When measures are taken that would have made an earlier injury or harm

less likely to occur, evidence of the subsequent measures is not admissible

to prove:

• negligence;

• culpable conduct;

• a defect in a product or its design; or

• a need for a warning or instruction.

But the court may admit this evidence for another purpose, such as

impeachment or--if disputed--proving ownership, control, or the feasibility

of precautionary measures.

Fed. R. Evid. 407.

“Rule 407 does not preclude the admission of subsequent remedial measures on grounds

other than to prove culpability.” Brazos River Auth. v. GE Ionics, Inc., 469 F.3d 416, 429 (5th Cir.

2006). So, for instance, in the context of a products liability case, “[t]he admission of evidence of

changes made merely to improve a product, as distinguished from remedial measures that make

an ‘injury or harm less likely to occur,’ is not barred by the rule.” Novick v. Shipcom Wireless, Inc.,

946 F.3d 735, 739 (5th Cir. 2020) (quoting Brazos River Auth., 469 F.3d at 428.) If disputed, such

evidence may be introduced to prove “ownership, control, or the feasibility of precautionary

measures.” Fed. R. Evid. 407.

V. ANALYSIS

The Court agrees with Plaintiff that KCSR’s motion is so broad and devoid of context that

it is impossible at this time to rule on it. With the exception of “the addition of bolts or screws to

the crossing surface planks” (Doc. 63 at 1), KCSR provides no other specific pieces of evidence it

believes may be introduced that run afoul of Rule 407’s prohibition. Without knowing what

evidence is being challenged and the purpose for which the evidence is being introduced, it is

impossible for the Court to determine its admissibility vel non.

Even as to the one specific item KCSR mentions, (the addition of bolts or screws to the

crossing surface planks of the accident crossing), it is not at all clear whether this evidence might

be admissible for a purpose other than to prove KCSR’s negligence or culpable conduct, such as

the feasibility of adding the bolts and screws before the accident, or to show KCSR’s control over

the crossing for purposes of making such improvements.

Therefore, the Court defers ruling on KCSR’s Motion until trial. However, counsel for

Plaintiff is instructed that if he intends to introduce evidence of measures taken by KCSR after the

accident sued on with respect to the crossing in question, he should alert the Court and counsel

outside the presence of the jury so that the issue may be taken up at that time.

VI. CONCLUSION

For the reasons stated above, the Motion in Limine to Exclude Subsequent Remedial

Measures brought by defendant Kansas City Southern Railway Company (Doc. 63) is deferred

until trial.

Signed in Baton Rouge, Louisiana, on February 19, 2025.

S

JUDGE JOHN W. deGRAVELLES

UNITED STATES DISTRICT COURT

MIDDLE DISTRICT OF LOUISIANA

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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