Schmitzer v. Misener-Bennett Ford, Inc.

In this appeal we are asked to reconsider the admissibility of evidence of a plaintiffs non-use of a seat belt as evidence of contributory negligence in light of this state’s adoption of comparative negligence.

I

In No. 67515, defendants, Misc.er-Bennett Ford and Monica Tanner, sought to amend their complaint following the deposition of Ronald Hines, M.D., the coroner, during which he opined that, if Nathan Schmitzer, plaintiffs decedent, had used his seat belt, "he would still be alive”. After hearing oral arguments, the circuit court denied defendants’ motion to amend their answer to include…