Legal Opinion
Spier v. Barker
New York Court of Appeals
Decided December 20, 1974PublishedCited by 155 opinions
1Opinion of the CourtGabrielli, J.
Presented for our consideration, for the first time, is the question of what effect, if any, the failure of a plaintiff to wear a seat belt has upon his right to recovery in an action for personal injuries incurred in a motor vehicle accident. The plaintiff appeals, by leave of this court, from an order of the Appellate Division, Third Department (42 A D 2d 428), unanimously affirming a judgment of the Supreme Court, Madison County (Zeller, J.), which dismissed the complaint following a jury verdict of no cause of action.
The facts are simply stated. At approximately 6:30 p.m. on the evening…
2Cases cited7 opinions
- Bentzler v. BraunWisconsin Supreme Court · 1967
- Mount v. McClellanAppellate Court of Illinois · 1968
- Mayfrey Mays, Administratrix of the Estate of Daniel Mays, Deceased v. Dealers Transit, Inc., Harold L. Flannery, Donald F. Scalise, and George MaysCourt of Appeals for the Seventh Circuit · 1971
- Dillon v. HumphreysNew York Supreme Court · 1968
- Robinson v. BoneDistrict Court, D. Oregon · 1968
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3Cited by155 opinions
- Turi Caiazzo and Frank Caiazzo v. Volkswagenwerk A. G., and Volkswagen of America, Inc., Bruce Beard Volkswagen, Inc. And James ValentineCourt of Appeals for the Second Circuit · 1981
- Waterson v. General Motors Corp.Supreme Court of New Jersey · 1988
- Insurance Co. of North America v. PasakarnisSupreme Court of Florida · 1984
- Lowe v. Estate Motors Ltd.Michigan Supreme Court · 1987
- Kopischke v. First Continental Corp.Montana Supreme Court · 1980
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