Smith v. Goodyear Tire & Rubber Co.

COFFRIN, Chief Judge.

Introduction

This is a diversity action brought by an injured passenger, Jeffrey Smith, arising out of an automobile accident that occurred on November 6, 1982, in Berlin, Vermont. Mr. Smith alleges negligence on the part of Defendant driver, Lee Young, and also alleges strict liability 1 against Defendant tire manufacturer, The Goodyear Tire & Rubber Company (Goodyear).

In their answers to Plaintiff’s interrogatories, Defendants have relied in part upon the so-called “seat belt defense,” asserting that their liability is reduced or completely erased by the fact that…