Saberzadeh v. Shaw

NATURE OF CASE

Nematollah Saberzadeh appeals from a judgment of the district court for Douglas County. After a jury trial, Saberzadeh’s award of damages was reduced in proportion to his degree of fault for not wearing an available and operational seatbelt during an automobile accident. He now argues that the appellee, Jason Shaw, failed to prove an element of Shaw’s “seatbelt” defense, namely, that a seatbelt was available and operational in the vehicle.

BACKGROUND

On October 5, 1996, in Scottsdale, Arizona, Saberzadeh was a passenger in an automobile driven by Shaw. Shaw failed to stop at an…