Mercer v. Band

BELL, Chief Justice.

Appellees recovered judgment against appellants in the amount of $34,337.00 for injuries sustained as a result of an automobile collision which occurred in the City of Richmond on August 26, 1966.

Appellants’ answer contained the following allegation:

“In addition, the Defendant will show that Plaintiffs were themselves negligent in that the vehicle in which they were riding was equipped with seat safety belts and they failed to use them. This failure was negligence and a proximate cause of their own injuries and damages.”

Prior to voir dire examination of the jury appellees…