Law v. Superior Court
Court of Appeals of Arizona
1Opinion of the Court
OPINION
MEYERSON, Judge.
In this special action we are called upon to reconsider the legal viability of the seat belt defense, last addressed by Arizona courts in Nash v. Kamrath, 21 Ariz.App. 530, 521 P.2d 161 (1974). In Nash, Division II of this court upheld an order excluding evidence of the plaintiff’s failure to use a seat belt. We disagree with the reasoning in Nash and conclude that evidence of nonuse of seat belts may be admissible if the failure to use a seat belt is a proximate cause of the plaintiff’s injuries.
I. FACTS
In November, 1985, respondents James and Jean Harder (Harder) were…
Also in this document: Concurrence.
2Cases cited15 opinions
- Erling David Larsen v. General Motors Corporation, a Delaware CorporationCourt of Appeals for the Eighth Circuit · 1968
- Spier v. BarkerNew York Court of Appeals · 1974
- Bentzler v. BraunWisconsin Supreme Court · 1967
- Insurance Co. of North America v. PasakarnisSupreme Court of Florida · 1984
- Norwood v. Sherwin-Williams Co.Supreme Court of North Carolina · 1981
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3Cited by8 opinions
- Law v. Superior Court of State of Ariz.Arizona Supreme Court · 1988
- Dellapenta v. DellapentaWyoming Supreme Court · 1992
- Warfel v. CheneyCourt of Appeals of Arizona · 1988
- Wright v. HanleyWest Virginia Supreme Court · 1989
- Monthofer Investment Ltd. Partnership v. AllenCourt of Appeals of Arizona · 1997
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