Parise v. Fehnel

SPAETH, Judge:

This is an appeal from an order denying motions for judgment n. o. v. and new trial. A jury awarded damages to appellees in their negligence action against appellant. The sole issue before us is whether the lower court erred in not granting appellant’s request that it charge the jury that:

If you find as a fact that the car operated by the Plaintiff, Tiny Jo Parise, was equipped with a seat belt system and that the Plaintiff, Tiny Jo Parise, failed to use the seat belts at the time of the accident, you may use this fact of a failure to use the seat belt as evidence of…