Curtis v. Bulldog Leasing Co.

LETTS, Judge.

In an automobile accident case, the trial judge permitted the defendant to present the seat belt defense to the jury although *612there was no evidence that the seat belt in the injured plaintiffs vehicle was fully operational. We reverse.

We have already had this case before us on a different issue, Curtis v. Bulldog Leasing Co., 513 So.2d 238 (Fla. 4th DCA 1987). It now returns on the question of the seat belt defense, the defendant having established that the injured plaintiff was not wearing her seat belt at the time of impact.

As we said in Youngentob v. Allstate Insurance Co.,…