MARIE LOMBARDY, APPELLANT,

v.

R. E. W. CRANE RENTAL SERVICE, INC., A FLORIDA CORPORATION, AND ADOBE BRICK & SUPPLY CO., INC., A DELAWARE CORPORATION, AND FRED VOEGELI, APPELLEES

Citator

Cited By

• Ins. Co. OF N. Am. & John Menninger v. Pasakarnis, 451 So. 2d 447 (Fla. 1984)
  …case was decided, the First District felt that the issue of the “seat belt defense” was one for the legislature rather than the courts to resolve. See also Paschal v. Pinkard, 228 So. 2d 633 (Fla. 1st DCA 1969). In Chandler Leasing Corp. v. Gibson, 227 So. 2d 889 (Fla. 3d DCA 1969), defendants sought reversal of a judgment on the basis that the trial judge had erred in not permitting argument to the jury on the failure of plaintiff to fasten her seat belt. Finding that defendants did not plead contributory n…
• Ridley v. Safety Kleen Corp., 693 So. 2d 934 (Fla. 1996)
  …978) (refusing to rule on seat belt defense issue because record did not contain sufficient evidence that plaintiff would have sustained less serious injuries had he been wearing his seat belt at time of collision); Chandler Leasing Corp. v. Gibson, 227 So. 2d 889, 890 (Fla. 3d DCA 1969) (holding where contributory negligence was not pleaded and no instructions on issue of contributory negligence in failing to use seat belt were requested, refusal of trial judge to permit argument to jury on failure of plaint…
• Ins. Co. OF N. Am. & John Menninger v. Pasakarnis, 425 So. 2d 1141 (Fla. 4th DCA 1982)
  …undisputed, however, that the defendant simply ran the stop sign, the admission of the evidence, if arguendo error at all, could have been no more than harmless. . Other Florida cases which discuss the subject are Chandler Leasing Corp. v. Gibson, 227 So. 2d 889 (Fla. 3d DCA 1969), which noted that the issue had not been raised in the pleadings (and pointed out that the defendants would have been met with the Kendrick holding if it had), and Quinn v. Millard, 358 So. 2d 1378, 1384-85 (Fla. 3d DCA 1978), whe…

Authorities Cited

• Smith v. Poston Equip. Rentals, Inc., 105 So. 2d 578 (Fla. 3d DCA 1958)