Derheim v. N. Fiorito Co.

80 Wash. 2d 161, 492 P.2d 1030 (1972)

Purchase the Printed Copy at bsmsphd.com

Nature of the Case

To access this section all you need to do is click here and register.

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.