Rhinebarger v. Mummert

Concurring Opinion

Buchanan, P.J.

I concur, but for different reasons from those stated by the majority.

I find it unnecessary to reach the question of whether the police officer was qualified as an expert because, in the absence of legislation requiring the use of seat belts, no evidence should have been admitted as to the so-called “seat belt defense”.

Courts have taken a variety of approaches to the propriety of the “seat belt defense.”

In the absence of a statutory requirement most courts are reluctant to hold that non-use of seat belts is negligence as a matter of law. Kavanagh v. Butorac…