Hutchins v. Schwartz

OPINION

COMPTON, Justice

Charles Hutchins and Donna Hutchins (Hutchins) appeal a jury verdict which awarded Hutchins $1,937.09 damages for injuries sustained in an automobile collision with Robert Schwartz (Schwartz). 1 The jury determined that Hutchins was 40% comparatively negligent. On appeal Hutchins claims that the trial court erred 1) by admitting evidence of Hutchins’ failure to wear a seat belt; 2) by denying his motion for judgment notwithstanding the verdict (JNOV) and/or new trial; and 3) by finding that Schwartz was the prevailing party and entitled to attorney’s fees. Schwartz…