Lowe v. Estate Motors Ltd.

In this automobile products liability action, we review the Court of Appeals reversal of the trial court’s interlocutory denial of plaintiffs motion to strike an affirmative defense pled by defendants, and a motion in limine to preclude the introduction of any evidence concerning plaintiffs failure to use an available seat belt. The issue we consider is limited to the admissibility of evidence concerning the existence of and failure to use seat belts for the purpose of (1) attempting to establish the affirmative defense of comparative negligence, and (2) defending the design of the vehicle in…