Fischer v. Moore

On certiorari, the sole issue which we are called upon to resolve relates to the pleading and use of the so-called seat belt defense in Colorado to establish contributory negligence. In a well reasoned opinion expressing the views of the Court of Appeals, the late Judge William F. Dwyer thoroughly analyzed the law relating to the failure to use seat belts and concluded that under the doctrine of contributory negligence, as it then existed in Colorado, the failure to use seat belts neither established contributory negligence nor provided an affirmative defense. Moore v. Fischer, 31 Colo. App.…