Question
Granger Machines manufactures farm equipment and vehicles.John Kerling, a farmer, owned a harvester that had been manufactured by Granger. On January 5th, the harvester malfunctioned
Granger Machines manufactures farm equipment and vehicles.John Kerling, a farmer, owned a harvester that had been manufactured by Granger. On January 5th, the harvester malfunctioned while Kerling was using it, and Kerling's arm was cut off.One week later, on January 12th, Granger sent out a recall letter telling all owners of the harvester to take them into the local Granger dealer, to add on a safety shunt that would prevent such accidents in the future.
Daniel Sampson was another farmer who owned a Granger harvester.On January 13th, Sampson's hand was cut off by the harvester.Although the recall letter had been sent out at that point, Sampson had not yet received it.
On January 15th, Kerling and Sampson each separately sued Granger Machines, alleging that the harvester had a design defect.In their respective trials, Kerling and Sampson each attempted to admit the recall letter sent out by Granger as evidence that the harvester was defective.Is the recall letter admissible for this purpose?
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