Tuesday, October 25, 2011

Law v. Superior Court case brief

Law v. Superior Court

FACTS
-D
was driving, pulled out in front of P’s car, who swerved violently to avoid collision, but instead it overturned the P’s car. 
-P and wife were not wearing seat-belts and were thrown from the car.

ISSUE
Is P’s failure to use a seat-belt admissible to show breach of a duty to minimize damages or to prove contributory negligence?

HOLDING
We recognize the seat belt defense as a matter which the jury may consider in appropriating damages due to the ‘fault’ of the Pl. Accordingly, in appropriate cases discovery will be available on the issue of non-use.


RULES
The doctrine of avoidable consequences: A theory that denies recovery for those injuries Pl. could reasonably have avoided.
-Negligent failure to use a seat-belt would reduce damages solely for those injuries directly attributable to the lack of seat-belt restraint.
-Under the comparative fault statute, each person is under an obligation to act reasonably to minimize foreseeable injuries and damages.

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