Morast v. James, 87 Or. App. 368

Summary

The Oregon Court of Appeals held that evidence of a plaintiff's failure to wear a seat belt was inadmissible to establish that the plaintiff failed to mitigate injuries caused by the defendant's negligence. The court reversed and remanded after concluding that the trial court improperly submitted the seat-belt defense to the jury.

Holdings

1. In the absence of legislation to the contrary, evidence that a plaintiff failed to wear a seat belt is not admissible to establish that the plaintiff failed to take reasonable precautions to avoid injuries caused by the defendant's negligence.
2. The trial court erred by submitting defendant's seat-belt defense to the jury.
3. Plaintiff did not waive or fail to preserve the challenge by declining to stipulate to special interrogatories concerning the extent of her injuries.

Questions Presented

1. Whether evidence of a plaintiff's failure to wear a seat belt is admissible to show that the plaintiff failed to take reasonable precautions to avoid injuries caused by the defendant's negligence.
2. Whether the trial court erred by submitting the seat-belt affirmative defense to the jury.
3. Whether plaintiff preserved the alleged error despite not stipulating to special interrogatories concerning the extent of her injuries.

Disposition

reversed_and_remanded