Bowan Ex Rel. Bowan v. Express Medical Transporters, Inc.

MARY R. RUSSELL, Judge.

Express Medical Transporters, Inc. (“EMT”) appeals from the judgment entered on a jury verdict in favor of Donna Bowan (“Passenger”) on her negligence action against EMT. 1 It raises three points on appeal. EMT first asserts that the trial court erred in denying its motion for judgment notwithstanding the verdict and motion for new trial in that Passenger failed to prove that it had a common law duty to “make certain” she wore a seat belt while riding in its van. It further argues that if it did have a duty to “make certain” she was seat belted, the duty was satisfied…