Law v. Superior Court
Arizona Supreme Court
755 P.2d 1135 (1988)
Cindy Law (plaintiff), driving her parents' vehicle, pulled in front of a car driven by James Harder, who swerved violently to avoid a collision, causing his car to overturn; Harder and his wife, not wearing seat belts, were thrown from the vehicle and seriously injured. The Harders sued Law and her parents, and during discovery the Laws sought information about the Harders' seat-belt use, which the Harders argued was irrelevant; the trial court agreed there was no duty to wear seat belts, but the court of appeals held such evidence admissible, and the Harders appealed to the Arizona Supreme Court.
Whether, in a comparative negligence jurisdiction, evidence that a plaintiff failed to take reasonable measures to guard against the danger of a motor vehicle accident, including the non-use of a seat belt, may be considered by a jury in apportioning damages due to the fault of the plaintiff.