Bernstein v. Fernandez, 649 A.2d 1064 (1991)

Citation: Bernstein v. Fernandez, 649 A.2d 1064 (1991)
Parent Document: Bernstein v. Fernandez, 649 A.2d 1064 (1991)
Jurisdiction: DC (municipal)
Effective Date: 1991-03-28
Original Source: https://www.courtlistener.com/opinion/2103411/bernstein-v-fernandez/ ↗

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H & M argues that evidence of its efforts to repair the apartment was inadmissible to show its negligence because of the "public policy" against using evidence of repairs made by a party to show that party's prior negligence. See Fine v. Giant Food Stores, Inc., 163 F.Supp. 231, 236-237 (D.D.C.1958), rev'd on other grounds, 106 U.S.App.D.C. 95, 269 F.2d 542 (1959); see also Fed.R.Evid. 407. This argument misunderstands the repair evidence rule and misperceives the issue to which that evidence was relevant. Fernandez complained that the repairs themselves were inadequate and ineffective, which H & M denied. It was not negligence before the repairs but the quality of the repairs that was at issue, so that Fernandez had to prove the repairs were made in order to show that they were inadequate. The repair argument is also directly contradicted by other parts of H & M's brief, where it argues that its "good faith repairs" were an important part of its case and a complete defense to many of Fernandez's claims.

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