Watkins v. Hartsock

The opinion of the court was delivered by

Lockett, J.:

This is an interlocutory áppeal froni the trial court’s ruling that evidence of the misuse of a child safety seat may not be considered in determining comparative fault under K.S.A. 1988 Supp. 60-258a.

On October 20, 1987, three-month-old Jessica Watkins was killed in an automobile accident. The accident involved two cars: one driven by Tammy Watkins, Jessica’s mother; the other driven by the defendant, Jimmy Hartsock.

Jessica’s parents filed a combined personal injury and wrongful death action against Hartsock, claiming that he had…