McIntyre

In this negligence action, Carl McIntyre (McIntyre), Destiny McIntyre (Destiny), through her guardian ad litem, Theresa Nicole McIntyre, and My Jeweler, Inc. (My Jeweler), appeal a judgment entered following a jury verdict in favor of The Colonies-Pacific, LLC (Colonies). The McIntyres contend the trial court abused its discretion by excluding evidence, under Evidence Code section 1151, that after an armed robbery of the My Jeweler store in Colonies’s shopping center, it hired a security service to provide an unarmed guard to patrol the common areas of the property. Section 1151 excludes evidence of a defendant’s subsequent remedial measures to prove “negligence or culpable conduct.” The McIntyres assert section 1151 is inapplicable because the evidence was not offered to prove Colonies’s breach of duty, or “negligence” within the meaning of section 1151, but rather to prove the causation element of a negligence cause of action. Alternatively, the McIntyres contend the court abused its discretion by not admitting the evidence as rebuttal to a comment Colonies’s attorney made during opening statement. We find no abuse of discretion and affirm the judgment.

FACTUAL AND…