A statement can qualify as an excited utterance for purposes of the hearsay exception created by by Federal Rule of Evidence 803(2) or a comparable State rule only if the declarant (the maker of the statement) personally perceived the exciting event or condition to which his or her statement relates.

Fed. R. Evid. 408 ("(a) Prohibited Uses.--Evidence of the following is not admissible on behalf of any party, when offered to prove liability for, invalidity of, or amount of a claim that was disputed as to validity or amount, or to impeach through a prior inconsistent statement or contradiction: (1) furnishing or offering or promising...Settlement offers and statements made during settlement negotiations are inadmissible if such offers and statements are offered to (i) show the validity or invalidity of a claim when the validity of the claim is in dispute, (ii) show the amount of damages when the amount of the claim is in dispute, or (iii) to impeach a witness by showing a prior inconsistent statement or specific contradiction.

United States v. Gajo, 290 F.3d 922, 931-932 (7th Cir. 2002) (upholding trial court's instruction to admit limited portions of Smith's grand jury testimony as prior inconsistent statements because "Smith's trial....A prior inconsistent statement is exempt from the federal hearsay rule pursuant to Federal Rule of Evidence 801(d)(1)(A) or by a comparable State rule only if the prior statement is in fact inconsistent with the declarant's testimony at the trial or with some other statement of the declarant that is admitted into evidence pursuant to some hearsay exemption or exception.

Adams v. City of Chicago, 469 F.3d 609, 612-613 (7th Cir. 2006) (holding, in plaintiff minority police officers' disparate impact claim, that evidence of changes in promotional methods was improperly excluded under Rule 407....Although subsequent remedial measures may not be used to prove negligence, culpable conduct, a defect in the product or its design, or a need for warning or instruction, subsequent remedial measures are admissible to show the feasibility of precautionary measures.