Tuesday, October 25, 2011

Law v. Superior Court case brief

Law v. Superior Court

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.

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

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.

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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