Taplin Ex Rel. Taplin v. Clark

Prager, J.:

This is an action by a passenger against the driver of an automobile to recover damages for personal injuries sustained in a one-car accident. The plaintiff, Debra M. Taplin, was a passenger in the rear seat where a seat belt was installed and available for use. She failed to “buckle up.” The district court sustained plaintiff’s motion for summary judgment on the issue of liability. The district court had previously sustained plaintiff’s motion in limine which had the effect of precluding defendant from introducing evidence of plaintiff’s failure to use the available seat belt.…