Curtis v. Bulldog Leasing Co.

In my view the record contains sufficient evidence to- permit the jury to consider the seat belt issue. Even if that finding is reversed, however, there is no necessity for a new trial. Rather, the case should be remanded with instructions that the damage reduction related to the seat belt issue be stricken.2

We have conflicting rulings on this issue. In Barcello v. Rubin, 578 So.2d 58 (Fla. 4th DCA), rev. denied, 589 So.2d 292 (Fla.1991), we remanded with directions to simply correct any reduction occasioned by an erroneous submission of the seat belt issue. Previously, in Youngentob we ruled…