DERHEIM V. N. FIORITO CO.
80 Wash. 2d 161, 492 P.2d 1030 (1972)
NATURE OF THE CASE: Fiorito (D), construction company, sought review of a jury verdict in
favor of Derheim (P), injured driver, for personal injuries that he incurred in a collision
with a dump truck operated by D's employee.
FACTS: Derheim's (P) car was hit by N. Fiorito Co.'s (D) truck while D's truck was making
an illegal left hand turn. P was not wearing a seat belt at the time and was seriously
injured. P sued for damages from the accident. D tried to introduce evidence showing that
since P was not wearing a seat belt; he was contributorily negligent and damages should be
reduced under the doctrine of avoidable consequences. The trial judge refused to allow D to
introduce this 'seat belt defense' and a verdict was entered in favor of P. D appealed and
the issue went straight to the State Supreme Court because of the important substantive
issue involved.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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