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Cooper sustained injuries to his back and legs when he tripped on a loose piece of tile in a hallway between Kyle’s Sporting Goods Store and Barkers Book Store. Cooper brought suit against Peter Kyle who owned the entire complex. Kyle claimed that since he leased the bookstore to tenants, he no longer retained any control over the tiled area. Cooper offers into evidence the fact that two days after the accident Kyle hired his son to re-tile the hallway in question.
How should the court rule?
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First, consider the general rule for admitting evidence of repair after the fact of alleged misconduct. Then, consider that Kyle is arguing that he no longer retained control over the tiled area.
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