Martha Jean Lentz v. Christian H. Schafer

MAJOR, Senior Circuit Judge.

This appeal is from a judgment entered in a diversity action pursuant to a jury verdict awarding damages to plaintiff for injuries sustained as a result of an automobile collision allegedly due to defendant’s negligence. Plaintiff at the time was a guest passenger in a car driven by her husband.

The contested issues are that the court erred (1) in its failure to instruct the jury regarding the duty of plaintiff to wear a seat belt as bearing upon due care to avoid injury and to mitigate damages, and (2) in its denial of defendant’s motion, appropriately made, for a…