Derheim v. N. Fiorito Co.

The plaintiff, Lawrence Derheim (respondent), recovered a jury verdict for personal injuries incurred in a collision with a dump truck owned by defendant, N. Fiorito Company, Inc. (appellant), and operated by defendant’s employee. Defendant’s appeal to Division 2 of the Court of Appeals was certified to this court. Specifically, the so-called “seat belt defense” is a principal issue in the case, and as this court has not addressed itself to the appropriateness of this defense in automobile litigation, the Court of Appeals concluded that a fundamental issue of broad public interest is…