Curry v. Moser
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Brown, J.
On this appeal we are asked to determine, inter alia, when and under what circumstances the failure of a passenger to wear an available seat belt may be considered with respect to the issue of liability. We hold that, under the unique facts of this case and contrary to the general rule announced in Spier v Barker (35 NY2d 444), the defendants should have been permitted to raise the plaintiff’s failure to wear her seat belt as bearing on the question of liability. And further, we conclude that the circumstances of the accident herein justify a joint trial on the…
2Cases cited13 opinions
- Spier v. BarkerNew York Court of Appeals · 1974
- Bentzler v. BraunWisconsin Supreme Court · 1967
- MacDowall v. Koehring Basic Construction EquipmentNew York Court of Appeals · 1980
- Mayfrey Mays, Administratrix of the Estate of Daniel Mays, Deceased v. Dealers Transit, Inc., Harold L. Flannery, Donald F. Scalise, and George MaysCourt of Appeals for the Seventh Circuit · 1971
- Dillon v. HumphreysNew York Supreme Court · 1968
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3Cited by34 opinions
- Grandstaff v. HawksCourt of Appeals of Tennessee · 2000
- DiMauro v. Metropolitan Suburban Bus AuthorityAppellate Division of the Supreme Court of the State of New York · 1984
- Dahl v. Bayerische Motoren WerkeOregon Supreme Court · 1987
- DeGregorio v. Lutheran Medical CenterAppellate Division of the Supreme Court of the State of New York · 1988
- Dunn v. DursoNew Jersey Superior Court Appellate Division · 1986
29 more not listed; retrieve them via the Exa API.