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Maryland law is instructive. The exception in the Rule for impeachment has created some of the same practical and interpretive problems presented by the exception for establishing feasibility. As Saltzburg, Martin, and Capra point out, 'almost any testimony given by defense witnesses could be contradicted at least in some minimal way by a subsequent remedial measure. If the defendant's expert testifies that the product was safe, a subsequent remedial measure could be seen as contradicting that testimony. If the defendant is asked on cross-examination whether he thinks that he had taken all reasonable safety precautions, and answers in the affirmative, then a subsequent remedial measure can be seen as contradicting that testimony.' 1 SALTZBURG, MARTIN AND CAPRA, 487. See also 2 Weinstein's Federal Evidence, supra, § 407.07 [1] at 407-32. 


The prevailing, and pragmatically necessary, view is that the impeachment exception cannot be read in so expansive a manner. See Probus v. K-Mart, Inc., 794 F.2d 1207 (7th Cir. 1986); Public Service Co. v. Bath Iron Works Corp., 773 F.2d 783 (7th Cir. 1985). As Wright and Graham note, even at common law it would likely have been impermissible for the plaintiff to 'have called the ...

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