Derheim v. N. Fiorito Co.
Washington Supreme Court
492 P.2d 1030 (Wash. 1972)
Relevant factsFree
Fiorito's (defendant) truck made an illegal left turn and collided with Derheim's (plaintiff) car; Derheim, who was not wearing a seat belt, suffered severe injuries, and Fiorito sought to introduce evidence that Derheim's failure to wear a seat belt worsened his injuries, seeking a damages reduction under the doctrine of avoidable consequences, but the trial court excluded this evidence and the jury awarded Derheim a full verdict.
IssueFree
Whether the 'seat belt defense' may operate to reduce the amount of damages required of a defendant who is found negligent.