Gregory Chandler - Third Party Subsequent Remedial Measures

Millennium Partners, L. P. v. Colmar Storage, LLC, 494 F. 3d 1293 (11th Cir. 2007)

Affirming a judgment for coffee traders on a bailment claim against a warehouseman for

damage to bags of coffee beans, the 11th Circuit held that there was no error in allowing the tenant who leased the warehouse after the defendant vacated the premises to testify that he required the landlord to install new basins, pumps, and drains, as Federal Rule of Evidence

407 does not apply to a remedial measure that was taken without the voluntary participation

of the defendant.

GREGORY CHANDLER, Attorney at Law