Russell v. Sobel, Bernstein & Greene Co.
Docket: 86-767
Court: Supreme Court of Alabama; May 20, 1988; Alabama; State Supreme Court
Johnnie Ruth and Robert Russell appeal a jury verdict favoring Sobel, Bernstein, Greene Company regarding claims of negligence in the manufacturing or design of shoes that allegedly caused Johnnie Ruth's injuries from a fall. The Russells argue the trial court erred by excluding expert testimony from Joseph Odem, a shoe repair shop owner, who intended to demonstrate a pattern of defects in other Sobel-manufactured shoes. The trial court excluded this testimony, citing a lack of substantial similarity between the circumstances of the other incidents and the Russells’ case. The appellate court affirms the trial court’s decision, noting that the Russells failed to establish a foundation for Odem's knowledge of the other shoes' circumstances and that the evidence would not have significantly contributed to their case. The court reiterates that evidence of prior defects in similar products is admissible only if substantial similarity of circumstances is demonstrated. The judgment is affirmed.