State Farm Mutual Automobile Insurance v. Holland

I dissent from the holding and reasoning of the majority as to Mrs. Holland’s duty to secure her child in a restraint system.

The majority opinion slips into error in its reliance upon Miller v. Miller, 273 N.C. 228, 160 S.E. 2d 65. It is true this Court did hold in Miller that the allegation that plaintiff failed to wear a seat belt was not an allegation of facts constituting contributory negligence. However, it is necessary to note and understand that the plaintiff in Miller was an adult and there was not in effect at that time a statute requiring the use of seat belts.

Our case is not…