PROTECTIVE CASUALTY INSURANCE COMPANY AND CHRISTOPHER WEHAGE, APPELLANTS,
v.
DENNIS KILLANE, INDIVIDUALLY AND AS GUARDIAN FOR FLORENCE KILLANE, HIS WIFE, APPELLEE
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
In this personal injury case arising from an automobile accident, the Fourth District Court of Appeal affirmed a jury verdict awarding $2.2 million to Florence Killane and $150,000 to Dennis Killane against Christopher Wehage and Protective Casualty Insurance Company. The court held that the trial judge correctly rejected the defendants' seat belt defense and found no reversible error in the admission of a 'day in the life' video.
The trial judge correctly rejected the seat belt defense because Florida law does not permit such a defense. The admission of the 'day in the life' video was proper because the time spent on the doll hobby and Christmas decorations was minimal, with oral evidence having been adduced regarding the hobby and the decorations merely incidental to demonstrating the need for wheelchair accommodations.
[1] A defendant cannot assert a seat belt defense in mitigation of damages.
[2] A "day in the life" video is admissible if the time spent on potentially prejudicial elements is minimal and incidental to demonstrating the necessity of accommodations.
Previewing 2 of 3 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“We further hold the trial judge was correct in rejecting the seat belt defense. Since his decision this court has aligned itself with those courts holding that the seat belt defense is not available to a defendant.”
Establishes the court's holding that seat belt defense is not available in Florida under comparative negligence law.
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceAn automobile accident resulted in injuries to Florence Killane. Dennis Killane, her husband, sued individually and as her guardian, along with Christ…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Seat Belt Defense cases and more on FLexlaw
DOWNEY, Judge.
Appellee Dennis Killane, individually and as guardian of Florence Killane, his wife, sued appellants Christopher Wehage and Protective Casualty Insurance Company for damages arising out of an automobile accident. From a jury verdict and judgment of $2,200,000 on behalf of Florence and $150,000 for Dennis, the appellants have perfected this appeal.
The primary question before this court is whether the trial judge erred in ruling that appellants could not assert a seat belt defense in mitigation of damages. A second question presented involves the admission into evidence of a “day in the life” video tape of Florence Killane, which, among other things, showed a collection of dolls that Florence made as a hobby and the family residence adorned with Christmas decorations.
After fully considering appellants’ arguments relative to the second question, we hold no reversible error is demonstrated. The length of time spent on the two subjects mentioned was minimal. Oral evidence was adduced regarding the doll making hobby, and the Christmas decorations were simply incident to a pan shot of the interior of appellee’s house that was taken to demonstrate the need for alterations to accommodate a wheelchair. We further hold the trial judge was correct in rejecting the seat belt defense. Since his decision this court has aligned itself with those courts holding that the seat belt defense is not available to a defendant. Lafferty v. Allstate Insurance Co., 425 So. 2d 1147 (Fla. 4th DCA 1982); Insurance Company of North America v. Pasakarnis, 425 So. 2d 1141 (Fla. 4th DCA 1982). The seat belt question was certified to the Supreme Court of Florida in Lafferty.
Because the trial judge indicated that appellants’ pleading was possibly inadequate, we have been asked to consider that question. In their answer, appellants alleged that Florence herself was guilty of negligence proximately contributing to her alleged injuries, which bars her recovery in proportion to such negligence. Appellants contend that this was an adequate comparative negligence pleading to entitle them to introduce evidence that the injuries Florence received were caused by or substantially aggravated by her failure to have her seat belt buckled. The trial judge suggested more specifically pleading the failure to use available seat belts was a preferable manner of pleading the defense. We would not gainsay the trial judge’s opinion — he is obviously correct. However, we hold that degree of specificity is not required and that the pleading set forth in appellants’ answer was adequate to support the introduction of evidence on the question.
Accordingly, we affirm the judgment appealed from.
AFFIRMED.
BERANEK and WALDEN, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Protective Cas. Ins. Co. & Christopher Wehage v. Killane, 459 So. 2d 1037 (Fla. 1984)…ALDERMAN, Justice. We review the decision of the District Court of Appeal, Fourth District, in Protective Casualty Insurance Co. v. Killane, 447 So. 2d 316 (Fla. 4th DCA 1984), which expressly and directly conflicts with Insurance Company of North America v. Pasakarnis, 451 So. 2d 447 (Fla.1984), and Allstate Insurance Co. v. Lafferty, 451 So. 2d 446 (Fla.1984). Relying on its decisions in Lafferty v.…
Authorities Cited
- Ins. Co. OF N. Am. & John Menninger v. Pasakarnis, 425 So. 2d 1141 (Fla. 4th DCA 1982)
- Lafferty v. Allstate Ins. Co., 425 So. 2d 1147 (Fla. 4th DCA 1982)