(Download) "Dorothea Curry v. Robert Moser Et Al." by Supreme Court of New York " eBook PDF Kindle ePub Free
eBook details
- Title: Dorothea Curry v. Robert Moser Et Al.
- Author : Supreme Court of New York
- Release Date : January 20, 1982
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 68 KB
Description
On this appeal we are asked to determine, inter alia, when and under what circumstances the failure of a passenger to wear an available seat belt may be considered with respect to the issue of liability. We hold that, under the unique facts of this case and contrary to the general rule announced in Spier v Barker (35 N.Y.2d 444), the defendants should have been permitted to raise the plaintiffs failure to wear her seat belt as bearing on the question of liability. And further, we conclude that the circumstances of the accident herein justify a joint trial on the combined issues of liability and damages.