6 Florida opinions name it 1 courts 1995–2013 0 in the last five years
The cases below were cited by Florida courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Zurline v. Levesquegreen2 sentences2011When defense counsel inquired, “Could she have got the exact same fracture that she got and the injury she got by not being belted and rolling and not being ejected from this car partially?” Dr. Burton responded, “[Y]es, she could.” He explained that, based on findings by Ford’s lead engineer and developer of the Explorer, “seat belts in vehicles can’t protect occupants in rollovers because they were designed for frontal collisions.” He also cited several cases wherein Ford’s previous leading expert on rollover cases gave sworn testimony, “that if you are belted in a rollover the belt cannot p 2011In Zurline , we held that for a defendant to submit a seatbelt defense to the jury, the defendant must present competent evidence that plaintiffs failure to wear the seatbelt caused or substantially contributed to her injuries. 642 So.2d at 1170 . | 1 | 2 |
Ridley v. Safety Kleen Corp.green1 sentence2013See Ridley v. Safety Kleen Corp., 693 So.2d 934, 944 (Fla.1996) (when jury is considering whether plaintiff was negligent, jury should consider lack of seatbelt use as comparative negligence and calculate a percentage for comparative negligence which should be used to reduce total jury award). | 1 | 1 |
DO & CO Miami Catering, Inc. v. Chapmangreen2 sentences2011In DO & CO Miami Catering, Inc. v. Chapman, 899 So.2d 1236, 1237 (Fla. 3d DCA 2005), the fifth district affirmed the trial court’s decision granting plaintiffs motion for a directed verdict, where plaintiff asserted that the defendant did not introduce any evidence that tied plaintiffs injury to his failure to wear a seatbelt. 2011Id. at 1238 . | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Florida. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
State Farm Mut. Auto. Ins. Co. v. Smith
green
2 sentences2011We reversed the judgment due to the defendant’s failure to present “competent evidence that [plaintiffs] fail ure to wear the seatbelt caused or substantially contributed to her injuries and for that reason the seatbelt defense should not have been submitted to the jury.” Id. at 1170 . 1996Co. v. Smith, 565 So.2d 751 (Fla. 5th DCA) cause dismissed, 570 So.2d 1306 (Fla.1990), the court affirmed the decision of the lower court to exclude all evidence and argument concerning the seatbelt defense in a case in which the plaintiff was seeking recovery for a herniated disc only, and in which no expert testimony relative to the seatbelt defense was presented. | 2 | 1996–2011 |
Hibbard v. McGraw
neutral
1 sentence2005NOTES [1] Hibbard v. McGraw, 862 So.2d 816 (Fla. 5th DCA 2003). [2] The remaining issues involving the seatbelt defense, the jury's allocation of fault, allegedly improper remarks during closing arguments and jury instructions lack merit. [3] The age of majority was reduced to eighteen years in 1973. § 743.07, Fla. Stat. According to records in our file, Carr was born on March 6, 1981. [4] However, Hibbard was also a plaintiff, having her own claims for economic damages (her daughter's medical expenses) and loss of consortium. [5] 768.79. | 1 | 2005–2005 |
Insurance Co. of North America v. Pasakarnis
green
1 sentence1995This prior version did not contain the bold-faced language in the amendment quoted above, and did not change or affect the assertion of the seatbelt defense under Insurance Co. of N. America v. Pasakarnis, 451 So.2d 447 (Fla.1984). | 1 | 1995–1995 |
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.