Wardlaw v. Ford Marketing Corp.

In an action to recover damages for wrongful death, etc., plaintiff appeals from an order of the Supreme Court, Suffolk County, dated June 25, 1975, which granted defendants’ motion for leave to serve an amended answer setting forth, as an affirmative defense, that plaintiffs intestate failed to mitigate damages by his nonuse of a seat belt or other restraining device. Order affirmed, without costs or disbursements. Approximately five months after the Court of Appeals held, in Spier v Barker (35 NY2d 444), that nonuse of a seat belt may be considered in arriving at a determination as to…