DERHEIM V. N. FIORITO CO. 80 Wash. 2d 161, 492 P.2d 1030 (1972) CASE BRIEF

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.

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