ALLSTATE INSURANCE COMPANY, BRUNO F. CASSENS, AND RUTH STEEL CASSENS, PETITIONERS,
v.
LORRAINE FEITSMA LAFFERTY A/K/A LORRAINE HOWARD, RESPONDENT
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Florida Supreme Court held that evidence of a plaintiff's failure to wear an available seat belt is admissible to mitigate damages in negligence cases where the seat belt defense is properly pleaded and competent evidence shows the failure to use the belt contributed substantially to the plaintiff's injuries.
Evidence of failure to wear an available and fully operational seat belt may be considered by a jury in assessing a plaintiff's damages where the seat belt defense is pled and competent evidence shows the failure to use the seat belt produced or contributed substantially to producing at least a portion of the damages.
[1] Evidence of a plaintiff's failure to wear an available and fully operational seat belt is admissible in mitigation of damages in negligence actions when the seat belt def…
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Join FLexlaw to unlock all legal intelligenceLorraine Feitsma Lafferty was injured in an automobile accident. Expert testimony indicated that her facial and knee injuries would not have occurred …
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ALDERMAN, Chief Justice.
We review the decision of the District Court of Appeal, Fourth District, in Lafferty v. Allstate Insurance Co., 425 So. 2d 1147 (Fla. 4th DCA 1982), wherein the district court certified the following question to us as being of great public importance:
Should Florida courts consider seat belt evidence as bearing on comparative negligence or mitigation of damages?
The Fourth District reversed the trial court and held inadmissible the expert testimony that plaintiff’s facial and knee injuries would not have occurred if she had been wearing the shoulder and lap belts which were available in her automobile.
The identical question has been certified to us in Insurance Co. of North America v. Pasakarnis, 425 So. 2d 1141 (Fla. 4th DCA 1982), which has been decided this same date. In Pasakarnis, we held that evidence of failure to wear an available and fully operational seat belt may be considered by the jury in assessing a plaintiff’s damages where the “seat belt defense” is pled and it is shown by competent evidence that failure to use the seat belt produced or contributed substantially to producing at least a portion of the damages.
Accordingly, the decision of the Fourth District is quashed on the authority of Insurance Co. of North America v. Pasakarnis, 451 So. 2d 447 (Fla.1984), and this cause is remanded for further proceedings consistent therewith.
It is so ordered.
BOYD, OVERTON, McDONALD and EHRLICH, JJ., concur. SHAW, J., dissents with an opinion, in which ADKINS, J., concurs.
SHAW, Justice,
dissenting.
I dissent for the reasons set forth in my dissent in the companion case, Insurance Co. of North America v. Pasakarnis, 451 So. 2d 447 No. 63,312 (Fla. Apr. 12, 1984).
ADKINS, J., concurs.
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Ridley v. Safety Kleen Corp., 693 So. 2d 934 (Fla. 1996)…on herein. . See also Lafferty v. Allstate Ins. Co., 425 So. 2d 1147, 1148 (Fla. 4th DCA 1982) (holding evidence of motorist’s failure to wear available seat belt was inadmissible both as defense on liability and as limitation on damages), quashed, 451 So. 2d 446 (Fla.1984); Selfe v. Smith, 397 So. 2d 348, 351 (Fla. 1st DCA) ("We need not advance the conventional, if troublesomely unconvincing, arguments against reducing the damages to be awarded in a comparative negligence state to one whose injury was more…
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Aaron v. Allstate Ins. Co., 559 So. 2d 275 (Fla. 4th DCA 1990)…urance company declined to follow this legal advice. Allstate could have appealed the availability of the seatbelt defense in this case as it did, successfully, in Lafferty v. Allstate Insurance Company, 425 So. 2d 1147 (Fla. 4th DCA 1983), reversed 451 So. 2d 446 (1984). Subsequently Mickler initiated an action against Allstate alleging that Aaron had assigned to Mickler her rights to a claim against Allstate for an improper or inadequate defense. The complaint alleged bad faith, negligence, breach of contr…
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Protective Cas. Ins. Co. & Christopher Wehage v. Killane, 459 So. 2d 1037 (Fla. 1984)…ct, 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. Allstate Insurance Co., 425 So. 2d 1147 (Fla. 4th DCA 1982), and Insurance Company of North America v. Pasakarnis, 425 So. 2d 1141 (Fla. 4th DCA 1982), the Fourth District, in the present case, he…
Previewing 3 of 5 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Ins. Co. OF N. Am. & John Menninger v. Pasakarnis, 451 So. 2d 447 (Fla. 1984)
- 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)