Pasternak v. Achorn

MEMORANDUM ORDER GRANTING MOTION IN LIMINE

CYR, Chief Judge.

Plaintiff has filed a motion in limine to preclude evidence of plaintiff’s nonuse of a seat belt on the issues of comparative negligence and mitigation of damages. A Maine statute renders such evidence inadmissible. See Me.Rev.Stat.Ann. tit. 29, section 1368-A (1964). 1

WHETHER THE COURT SHOULD APPLY STATE LAW

The federal courts which have considered the admissibility of evidence of nonuse of seat belts in diversity cases have followed state statutes prohibiting such evidence. In fact, the issue of whether the federal court is…