Miller v. Miller

In defendant’s second further answer and defense, she pleads plaintiff’s failure to fasten his seat belt as contributory negligence barring his right to recover any damages for personal injuries; in the third, she pleads that failure in mitigation of such damages. She alleges no unusual circumstance known to plaintiff prior to the accident, which created a special hazard over and above the ordinary risks incident to highway travel. The court sustained plaintiff’s demurrer to both defenses. The question presented is: Does the occupant of an automobile have a duty to use an available seat belt…