Derheim v. N. Fiorito Co.
80 Wash. 2d 161, 492 P.2d 1030 (1972)
Nature of the Case
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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 seatbelt 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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