Schomer v. Madigan

Plaintiff recovered a judgment for $1,150 for personal injuries and prosecutes this appeal seeking a new trial on the issue of damages only. It is plaintiff’s contention that the court’s instruction relating to the use or nonuse of seat belts was in error and that a new trial should be granted on the question of damages only. There is no cross-appeal on the question of liability.

The instruction given reads as follows:

“The Court instructs the jury that in considering the extent of the plaintiff’s injury or damages you may consider, together with all other facts in evidence, whether or not the…