First Department Allows Evidence of Post-Accident Repairs to be used to Establish Identity of Alleged Injury Producing Equipment

In Perkins v. NYCTA, the First Department affirmed the lower court's direction to the defendant to produce evidence of post-accident repairs in order to establish that a wheelchair ramp to be inspected was the same ramp on which plaintiff was allegedly injured. As an alternative, the defendant could provide an affidavit attesting to the fact that the wheelchair ramp to be inspected was the same ramp on the bus at the time of the accident.