Remington v. Arndt

The complaint alleges that the plaintiff was a passenger in an automobile operated by the defendant Arndt; that that automobile crashed into an automobile operated by the defendant Rodriquez which was stationary in the highway and blocking it; and that the plaintiff was injured as a result of the negligence of the defendants.

The defendant Rodriquez, hereinafter called the defendant, pleaded, as a second defense, that a proximate cause of any injury sustained by the plaintiff was the plaintiff’s negligence in failing to fasten his seat belt. The plaintiff has demurred to this second defense.

In…