At page 635 Balancing probative value and prejudice under evidence rules24 citing cases“a sensitive analysis of the need for the evidence as proof on a contested factual issue, of the prejudice which may eventuate from admission, and of the public policies involved is in order ...”
- Lesko v. Owens, 881 F.2d 44 (3d Cir. 1989).published (A sensitive analysis of the need for the evidence as proof on a contested factual issue, of the prejudice which may eventuate from admission, and of the public policies involved is in order ...)
- Richard Jacques v. Clean-Up Grp., Inc., 96 F.3d 506 (1st Cir. 1996).published “the substantiality of the consideration given to competing interests (potential prejudice and probative value) can best be guaranteed by an explicit articulation of the trial court's reasoning.”
- Quagliarello v. Dewees, 802 F. Supp. 2d 620 (E.D. Pa. 2011).published(holding that the district court did not err in admitting the settlement release for the purpose of impeaching a witness)
- Commodity Futures Trading Comm'n v. Rosenberg, 85 F. Supp. 2d 424 (D.N.J. 2000).publishedSee Freidus v. First Nat’l Bank, 928 F.2d 793 (8th Cir.1991); County of Hennepin v. AFG Indus., Inc., 726 F.2d 149 , 153 (8th Cir.1984); John McShain, Inc. v. Cessna Aircraft Co., 563 F.2d 632, 635 (3d Cir.1977); Wisconsin Pub.
- In Re Air Crash Disaster at Stapleton Int'l Airport, 720 F. Supp. 1493 (D. Colo. 1989).published(investigation of product design defect unreliable because of extensive reliance on statements of pilots and witnesses to various accidents)
- Prudential Ins. Co. v. Curt Bullock Builders, Inc., 626 F. Supp. 159 (N.D. Ill. 1985).publishedJohn McShain, Inc. v. Cessna Aircraft Co., 563 F.2d 632, 635 (3d Cir.1977); Reichenbach v. Smith, 528 F.2d 1072, 1075 (5th Cir.1976).
- Barbara A. Brocklesby v. United States of Am., & Jeppesen & Co., 767 F.2d 1288 (9th Cir. 1985).published(implying an objection under Rule 403 from a party’s arguments under Rule 408)
- 17 Fed. R. Evid. Serv. 758, prod.liab.rep.(cch)p 10,610 Barbara A. Brocklesby v. United States of Am., & Jeppesen & Co., 753 F.2d 794 (9th Cir. 1985).published(implying an objection under Rule 403 from a party’s arguments under Rule 408)
- United States v. Paducah Towing Co., 692 F.2d 412 (6th Cir. 1982).published(National Transportation Safety Board report based on hearsay excluded)
- Paducah Towing Co., Inc. v. Paducah Towing Co., Inc., 692 F.2d 412 (3d Cir. 1982).published(National Transportation Safety Board report based on hearsay excluded)
Show 11 more citing cases
- Larry W. Robbins v. Robert W. Whelan, 653 F.2d 47 (1st Cir. 1981).published For example, the Consumer Product Safety Commission accident reports we excluded in McKinnon v. Skil Corporation, 638 F.2d 270, 278-79 (1st Cir. 1981) and the National Transportation Safety Board accident reports excluded in John McShain,…
- James A. McKinnon v. Skil Corp., 638 F.2d 270 (1st Cir. 1981).publishedIn John McShain, Inc. v. Cessna Aircraft Co., 563 F.2d 632, 635-36 (3d Cir. 1977), the Third Circuit upheld the exclusion of analogous National Transportation Safety Board accident reports which included statements by pilots, accident witn…
- Fid. & Deposit Co. of Md. v. Hudson United Bank, 493 F. Supp. 434 (D.N.J. 1980).publishedSee, F.R.Ev. 408 Adv.Comm.Notes.” McShain, Inc. v. Cessna Aircraft, 563 F.2d 632, 635, n.5 (3d Cir. 1977).
- United States v. Avance R. Allen, 629 F.2d 51 (D.C. Cir. 1980).published See also United States v. Sangrey, 586 F.2d 1312, 1315 (9th Cir. 1978) (trial court should give clear statement of process of balancing probativeness and prejudice); John McShain, Inc. v. Cessna Aircraft Co., 563 F.2d 632, 635 (3d Cir. 197…
- Green Miller, Jr. v. Lester Poretsky, 595 F.2d 780 (D.C. Cir. 1978).published See United States v. Dwyer, supra note 39, 539 F.2d at 928 (“[ajlthough Rule 403 has placed great discretion in the trial judge, discretion does not mean immunity from accountability;” trial judge should have put reasons for exclusion on t…
- United States v. Francis P. Long, A/K/A "Red", John Hackett, A/K/A "Jack", 574 F.2d 761 (3d Cir. 1978).published The Advisory Committee’s Notes to Rule 404(b) state that where the evidence of prior bad-acts is offered for a permissible purpose, “[t]he determination must be made whether the danger of undue prejudice outweighs the probative value of th…
- Echevarria v. Caribbean Aviation Maint. Corp., 839 F. Supp. 2d 464 (D.P.R. 2012).published See John McShain, Inc. v. Cessna Aircraft Co., 563 F.2d 632, 635-36 (3d Cir.1977); McKinnon v. Skil Corp., 638 F.2d 270, 278 (1st Cir.1981) (holding reports properly excluded from evidence because of inadmissible hearsay, double hearsay, a…
- Sampson v. Karpinski, 515 A.2d 1066 (Vt. 1986).published(evidence admissible under Fed. R. Evid. 408, subject to Fed. R. Evid. 403 weighing process)
- Clevenger v. CNH Am., LLC, 340 F. App'x 821 (3d Cir. 2009).unpublished (no abuse of discretion in excluding accident reports proffered to demonstrate design defect)
- Kemper Architects, P.C. v. McFall, Konkel & Kimball Consulting Engineers, Inc., 843 P.2d 1178 (Wyo. 1992).publishedSee also John McShain, Inc. v. Cessna Aircraft Company, 563 F.2d 632, 635-36 (3d Cir.1977).
- Young v. Verson Allsteel Press Co., 539 F. Supp. 193 (E.D. Pa. 1982).published(Evidence of release admitted to demonstrate bias of witness)
At page 636 Excluding hearsay evidence under federal rule 40316 citing casesto the extent that the National Transportation Safety Board reports consist of the statements of pilots or other witnesses regarding the accidents, they constitute inadmissible hearsay evidence
- Todd v. Montoya, 877 F. Supp. 2d 1048 (D.N.M. 2012).publishedJohn McShain, Inc. v. Cessna Aircraft Co., 563 F.2d 632, 636 (3d Cir.1977).
- Bolick v. Sunbird Airlines, Inc., 386 S.E.2d 76 (N.C. Ct. App. 1989).published In John McShain, Inc. v. Cessna Aircraft Co., 563 F.2d 632, 636 (3rd Cir.1977), the court upheld the trial court's exclusion of the NTSB report to the extent it consisted of statements of pilots or other witnesses because they equal inadmi…
- Stephen M. Goldberg v. Nat'l Life Ins. Co. of Vermont, 774 F.2d 559 (2d Cir. 1985).publishedJohn McShain, Inc. v. Cessna Aircraft Co., 563 F.2d 632, 636 (3d Cir.1977); SCM Corp. v. Xerox Corp., 77 F.R.D. 10, 13-15 (D.Conn.1977).
- David v. Pueblo Supermarket, 740 F.2d 230 (3d Cir. 1984).published The district court refused to allow this testimony. 50 It is within the sound discretion of a trial judge to exclude relevant evidence on the grounds of "confusion of the issues" and "considerations of undue delay, waste of time, or needle…
- In re Japanese Elec. Prods. Antitrust Litig.
, 723 F.2d 238 (3d Cir. 1983).publishedUnited States v. Long, 574 F.2d 761, 767 (3d Cir.), cert. denied, 439 U.S. 985 , 99 S.Ct. 577 , 58 L.Ed.2d 657 (1978); John McShain, Inc. v. Cessna Aircraft Co., 563 F.2d 632, 636 (3d Cir.1977).
- Zenith Radio Corp. v. Matsushita Elec. Indus. Co., 723 F.2d 238 (3d Cir. 1983).publishedUnited States v. Long, 574 F.2d 761, 767 (3d Cir.), cert. denied, 439 U.S. 985 , 99 S.Ct. 577 , 58 L.Ed.2d 657 (1978); John McShain, Inc. v. Cessna Aircraft Co., 563 F.2d 632, 636 (3d Cir.1977).
- The City Of New York v. Pullman Inc., 662 F.2d 910 (2d Cir. 1981).publishedJohn McShain v. Cessna Aircraft Co., 563 F.2d 632, 636 (3 Cir. 1977).
- City of New York v. Pullman Inc., 662 F.2d 910 (2d Cir. 1981).publishedJohn McShain v. Cessna Aircraft Co., 563 F.2d 632, 636 (3 Cir. 1977).
- Echevarria v. Caribbean Aviation Maint. Corp., 839 F. Supp. 2d 464 (D.P.R. 2012).published See John McShain, Inc. v. Cessna Aircraft Co., 563 F.2d 632, 635-36 (3d Cir.1977); McKinnon v. Skil Corp., 638 F.2d 270, 278 (1st Cir.1981) (holding reports properly excluded from evidence because of inadmissible hearsay, double hearsay, a…
- Coleman v. Home Depot Inc, No. 00-3496 (3d Cir. Oct. 9, 2002).publishedSee McShain v. Cessna Aircraft Co., 563 F.2d 632, 636 (3d Cir. 1977) (holding that the District Court did not abuse its discretion by excluding an NTSB report because the "reception of such reports into evidence would have involved a lengt…
Show 4 more citing cases
- Mary A. Coleman v. Home Depot, Inc. Mary A. Coleman, Home Depot U.S.A., Inc., 306 F.3d 1333 (3d Cir. 2002).publishedSee McShain v. Cessna Aircraft Co., 563 F.2d 632, 636 (3d Cir.1977) (holding that the District Court did not abuse its discretion by excluding an NTSB report because the “reception of such reports into evidence would have involved a length…
- Walker v. Wayne Cnty., 850 F.2d 433 (8th Cir. 1988).published See John McShain, Inc. v. Cessna Aircraft Co., 563 F.2d 632, 636 (3d Cir.1977) (per curiam) (statements made by third persons and noted in an investigation report will generally not be admissible); Fed.R.Evid. 803(6) comment (bystander's s…
- Ramrattan v. Burger King Corp., 656 F. Supp. 522 (D. Md. 1987).published(to the extent that the National Transportation Safety Board reports consist of the statements of pilots or other witnesses regarding the accidents, they constitute inadmissible hearsay evidence)
- United States v. Am. Tel. & Tel. Co., 498 F. Supp. 353 (D.D.C. 1980).published (trial judge justified in excluding accident reports by National Transportation Safety Board where “reception of such reports into evidence would have involved a lengthy attempt to sift out admissible hearsay)
trial court's refusal to admit 30 accident reports in suit alleging defective design not an abuse of discretion
- Commonwealth of Pennsylvania v. Porter, 659 F.2d 306 (3d Cir. 1981).published(trial court's refusal to admit 30 accident reports in suit alleging defective design not an abuse of discretion)
- Commonwealth v. Porter, 659 F.2d 306 (3d Cir. 1981).published(trial court’s refusal to admit 30 accident reports in suit alleging defective design not an abuse of discretion)
At page 633 cited at this page1 citing case
- Schlossman & Gunkelman, Inc. v. Tallman, 1999 ND 89, 593 N.W.2d 374.publishedSee Freidus v. First Nat’l Bank, 928 F.2d 793, 795 (8th Cir.1991); United States Aviation, 896 F.2d at 956; Chevron, 875 F.2d at 505 ; Brocklesby v. United States, 767 F.2d 1288, 1292-93 (9th Cir.1985); Belton, 724 F.2d at 505; Ramada, 644…
At page 634 overruling claimed error regarding admission of an agreement releasing third-party defendant from liability where the agreement was admitted to show bias on the part of the plaintiff’s expert witness, an employee of a sister corporation of the third-party defendant1 citing case
- Media Network, Inc. v. Mullen Adver., Inc., 2006 NCBC 6 (N.C. Bus. Ct. 2006).published(overruling claimed error regarding admission of an agreement releasing third-party defendant from liability where the agreement was admitted to show bias on the part of the plaintiff’s expert witness, an employee of a s…)
Other citing cases
- Blim v. W. Elec. Co., 731 F.2d 1473 (9th Cir. 1984).published
- 34 Fair empl.prac.cas. 757, 34 Empl. Prac. Dec. P 34,300, 15 Fed. R. Evid. Serv. 1289 Raymond C. Blim, Morris E. Kinghorn, J.F. Vukasovic, Ralph v. Oldham, Stanley L. Boarts, Eugene Firestone, Wallace S. Repetto, & Larry N. Stewart v. W. Elec. Co., Inc., 731 F.2d 1473 (10th Cir. 1984).published
- Zenith Radio Corp. v. Matsushita Elec. Indus. Co., 505 F. Supp. 1125 (E.D. Pa. 1980).published
- Ramada Dev. Co. v. Martin W. Rauch, Defendants-Third Party J. Stewart Stein, Third Party, 644 F.2d 1097 (3d Cir. 1981).published
v.
CESSNA AIRCRAFT COMPANY v. WINGS, INC. and Butler Aviation-Friendship, Inc., Third Party Defendants, v. SUMMIT AVIATION, INC
OPINION OF THE COURT
PER CURIAM:The appeal in this diversiiy case turns primarily on challenges to the evidentiary rulings of trial court.
In May 1969, John McShain, Inc. purchased an aircraft manufactured by Cessna Aircraft Co. from Wings, Inc. for $282,136. In December 1969, several hundred landings and 147 hours of flight later, the main landing gear of the plane collapsed as the plane alighted on the runway in Baltimore. After notifying Cessna, McShain had the aircraft repaired by Butler Aviation-Friendship, Inc. at a cost of $11,734. During the course of the overhaul, Cessna representatives visited the Butler repair facilities. The plane was then returned to McShain.
After 5 hours of further flight, the plane’s landing gear once more gave way upon touchdown. The cost of repairs this time totaled $24,681. McShain refused to fly the craft again.
Negotiations between McShain and Cessna regarding a new plane terminated when McShain filed an action in Pennsylvania Common Pleas Court seeking rescission of the original sales contract and the return of the purchase price.
McShain then instituted the present action against Cessna in district court, alleging defective design in the landing gear and Cessna’s failure to correct that design despite knowledge of the defects. McShain requested judgment for (a) the cost of the repairs, (b) consequential damages, and (c) $5,000,000 in punitive damages. Cessna joined Butler as a third party defendant on the theory that the second crash was the result of inept repairs.
Before the conclusion of the eighteen-day trial, Cessna accepted liability for the first collapse on the ground that the existence of an understrength bolt had been discovered in the landing gear, and that that bolt was the cause of the original breakdown.
The jury returned a verdict of $11,734 for the plaintiff as to the first accident, and a special verdict finding that there was no design defect in the landing gear. McShain moved for a new trial on the ground of six allegedly improper evidentiary rulings. The trial court denied the motion, and McShain has appealed from that denial.
McShain’s two most substantial objections to the rulings below challenge Judge McGlynn’s admission of MeShain’s pre-trial release of Butler from liability, and the trial court’s refusal to admit copies of National Transportation Safety Board accident files. We conclude, however, that neither of these rulings, nor indeed any of the other rulings referred to on this appeal, warrants a new trial.
A. THE BUTLER-McSHAIN AGREEMENT
Before the action was filed in the district court, the plaintiff signed an agreement releasing Butler from any liability for the accident in exchange for $10 and the right to engage as a consultant Ralph Harmon, who was at the time an employee of Butler’s sister corporation, Mooney Aircraft Corp. Mr. Harmon was thereupon retained by McShain, and ultimately testified as an expert witness in support of the design-defect contention. Judge McGlynn allowed[*635] the release to be entered into evidence and read to the jury for the purpose of impeaching Mr. Harmon’s testimony.
McShain urges that, under Federal Rule of Evidence 408, agreements in compromise of a claim are generally inadmissible on the issue of liability on such claim. Cessna’s reference to the Butler-McShain agreement, McShain insists, is such a proscribed use of evidence, since Cessna’s counsel implicitly attempted to shift blame for the second failure from Cessna to Butler.
In response, Cessna maintains that the evidence was in fact admitted for the purpose of establishing the bias of Mr. Harmon, thus falling squarely within the exception to Rule 408. The rule by its terms “does not require the exclusion [of] evidence” when offered for the purpose of “proving bias or prejudice of a witness.” [1]
We believe that Judge McGlynn did not commit reversible error in admitting the agreement and in allowing comments upon it. The fact that a sister corporation of Harmon’s employer had been released from liability in exchange for Harmon’s testimony cast doubt upon Harmon’s impartiality. Thus, as counsel for McShain appeared to contend at oral argument, McShain’s claim is in reality that the potential prejudice from the admission of the agreement outweighed the agreement’s probative value. See Fed.Rule Evid. 403.
In evaluating such an argument, we acknowledge that the trial judge’s familiarity with the tone and scope of the evidence presented to the jury puts him in an advantageous position to gauge the relative importance of potential prejudice and probative value. [2] Nonetheless, the balance required is not a pro forma one. A sensitive analysis of the need for the evidence as proof on a contested factual issue, of the prejudice which may eventuate from admission, and of the public policies involved is in order before passing on such an objection. [3] The substantiality of the consideration given to competing interests can be best guaranteed by an explicit articulation of the trial court’s reasoning. [4]
Here, the trial judge clearly took notice of the arguments presented by both sides regarding the admissibility of the release. And while his ruling does not fully set forth his underlying rationale, we conclude that admission of the release was not an abuse of discretion so “inconsistent with substantial justice” as to require a new trial. [5]
B. NATIONAL TRANSPORTATION SAFETY BOARD REPORTS
McShain’s second major objection concerns Judge McGlynn’s refusal to receive into evidence thirty accident reports submitted to the National Transportation Safety Board, regarding accidents in which the landing gear of Cessna aircraft gave way. These accident reports include statements filed by pilots, the reports of government investigators, and in some instances[*636] statements by witnesses to those accidents. McShain attempted to introduce the reports first as proof of the defectiveness of Cessna’s design, and second in support of the request for punitive damages on the theory that the reports established that Cessna had notice of the dangerous character of the landing gear.
As offered to prove Cessna’s notice, the excluded evidence cannot affect the outcome of this case. This is so since the jury found that no defect existed in the landing gear, and thus the issue of punitive damages never came before it.
Also, the trial court did not abuse its discretion in refusing to admit the NTSB reports on the issue of defective design. [6] To the extent that the NTSB reports offered by McShain consist of the statements of pilots or other witnesses regarding the accidents, they constitute inadmissible hearsay evidence. The Advisory Committee’s Notes make clear that Federal Rule of Evidence 803(8) exempts from the hearsay rule only reports by officials; and of course the pilots and other witnesses are not officials for this purpose. Moreover, the memoran-da submitted to the government by its investigators often contained statements from witnesses which would make such memoranda encompass double hearsay.
Insofar as the proffered reports did not fall within the strictures of the Federal hearsay rule, we believe that Judge McGlynn, in refusing to admit the reports, was within the scope of the discretion conferred by Federal Rule of Evidence 403. On the issue of the defectiveness of Cessna’s design, the reports primarily proved that similar landing gear had malfunctioned thirty times in the past under comparable conditions. The information that Cessna landing gear had failed before on at least that number of occasions, however, could have been gleaned from evidence which was in fact admitted. [7]
In addition, reception of such reports into evidence would have involved a lengthy attempt to sift out admissible hearsay, as well as an inquiry into the “circumstances bearing on the trustworthiness” of the investigators’ conclusions, Fed.Rule Evid. 803(8)(C). Thus, it may well have been that, in the course of the eighteen-day trial, the additional probative value of the excluded reports was substantially outweighed by the opportunity to avoid undue delay or waste of time. We therefore conclude that refusing to admit the NTSB reports was not “inconsistent with substantial justice.” [8]
C. OTHER CHALLENGES
McShain’s other contentions may be dealt with more summarily. The argument that the admission of evidence of McShain’s parallel suit for rescission violates Federal Rule of Evidence 403 is without merit. Only a mild potential for prejudice has been suggested by reference to the suit, and it cannot be said that it was an abuse of discretion to conclude that the potential prejudice did not substantially outweigh the probative value of the allusion to the state court suit. [9]
Likewise, deference to the discretion of the trial court overcomes any merit in McShain’s assertion that the qualification of Victor Carluccio as an expert was grounds for a new trial. [10] In light of the fact that McShain had originally listed Mr. Carluccio as its own witness, the offer by Cessna to convey the substance of Mr. Car-[*637] luccio’s proposed expert testimony to McShain cured any prejudice resulting from Cessna’s failure to list Mr. Carluccio as a witness in the pretrial memoranda.
McShain’s hearsay objection to the admission of Cessna’s internal memorandum analyzing failure rates of its landing gear was rightfully rejected. The memorandum was admitted not for the truth of its contents but to rebut plaintiffs’ introduction of hearsay FAA allegations of landing gear defects. The FAA evidence was offered to prove that punitive damages were warranted because Cessna knew of faults in design but did nothing to cure them. The Cessna report, true or false, is evidence that the FAA allegations were not ignored.
Finally we hold that the trial.court’s refusal to submit interrogatories regarding Cessna’s negligence in assisting in repairs was warranted by the fact that the case was tried on a design-defect theory.
The judgment of the district court will be affirmed.
. See Reichenbach v. Smith, 528 F.2d 1072-76 (5th Cir. 1972).
. See Construction Ltd. v. Brooks-Skinner Building Co., 488 F.2d 427, 431 (3d Cir. 1973).
. See Hunziker v. Sheidemantle, 543 F.2d 489, 495 n. 10 (3d Cir. 1976); Posttape Associates v. Eastman Kodak Co., 537 F.2d 751, 757-58 (3d Cir. 1976); cf. United States v. Cook, 538 F.2d 1000, 1003-04 (3d Cir. 1976) (inquiry regarding evidence of other crimes).
. See United States v. Robinson, 530 F.2d 1076, 1081 (D.C.Cir.1976).
. See F.R.C.P. 61. The evidence here involved bears on Harmon’s credibility. While other evidence introduced also impeached Harmon by showing that he was retained by McShain, the situation here is not within the core of the public policy that the rule against admission of compromises was designed to vindicate. That policy encourages negotiation by preventing the parties to the compromise from being tied elsewhere to the concession they made inter sese. See F.R.Ev. 408 Adv.Comm. Notes. The agreement in question was introduced not to prove the compromise of the claim and hence impugn the claim’s validity, but to prove against McShain the existence of the right to recovery for which it had accepted less than full value. This inhibits not the settlement, but the assertion of real claims. And presumably, if both parties had agreed that no claim whatsoever existed, there would have been no compromise of a “claim disputed as to either validity or amount” within the meaning of Rule 408.
. Defendant asserts that use of the reports was barred by 49 U.S.C. § 1441(e). Since we find the reports excludable on evidentiary grounds we need not reach the issue of whether this action “grows out of a matter mentioned in” the reports within the meaning of that statute.
. See Exhibits P-104, P-97, D-8.
. See F.R.C.P. 61. Here, too, the policy of Rule 403 implies that explicit elaboration of the judge’s reasoning process would have been appropriate.
. See Construction, Ltd. v. Brooks-Skinner Bldg. Co., 488 F.2d 427, 431 (3d Cir. 1973) (construing Rule 403).
. See Universal Athletic Sales Co. v. America Gym, Recreational and Athletic Co., 546 F.2d 530, 531 (3d Cir. 1976).