Fernandez v. Transport Designs, Inc.

2017 U.S. Dist. LEXIS 131287 (2017)

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Fernandez v. Transport Designs, Inc.

United States District Court for the Western District of Texas
2017 U.S. Dist. LEXIS 131287 (2017)

Facts

A vehicle driven by Ralph Earle (defendant) and owned by Transport Designs, Inc. (TDI) (defendant) struck a vehicle driven by Fernandez (plaintiff). Fernandez sued Earle and TDI to recover for injuries suffered. At trial, Fernandez sought to introduce evidence that TDI failed to investigate the accident after it occurred. Fernandez also sought to introduce testimony that this failure was indicative of a common practice of TDI to fail to follow its policies, regulations, and standard practices within the industry. Earle and TDI filed a motion to exclude this testimony as impermissible character evidence under Federal Rule of Evidence 404(b) (Rule 404(b)).

Rule of Law

Issue

Holding and Reasoning ()

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