#Toni jean gibbs shattered drivers
#Toni jean gibbs shattered trial

had failed or refused to fasten his seat belt.' Id. *192 Therefore, the motorist is not contributorily negligent for failure to use his seat belt unless the motorist 'with prior knowledge of a specific hazardone not generally associated with highway travel. The Miller Court held a motorist does not have a duty to use seat belts 'routinely whenever he travels upon the highway.' Id. 228, 160 S.E.2d 65 (1968) is dispositive since the Miller Court specifically addressed the issues of both contributory negligence and the duty to minimize damages where plaintiff failed to wear a seat belt.

However, as Hagwood sustained his injuries on 7 October 1982, Sec. Under the seat belt statute, evidence of failure to wear a seat belt is not admissible in any civil or criminal case except in an action based on a violation of the statute.

#Toni jean gibbs shattered trial

The issues presented in this appeal are: I) whether plaintiff's failure to wear his seat belt at the time of the collision was contributory negligence II) whether the jury should have been instructed that plaintiff's failure to wear his seat belt should be considered in mitigation of plaintiff's damages and III) whether the trial court erred in allowing plaintiff prejudgment interest against Odom.Д®ffective 1 October 1985, seat belt use in North Carolina became mandatory. Defendants also appeal the denial of their Rule 60(b) motion. This motion was denied.Дefendants assign as error the court's failure to allow evidence on plaintiff's use of his seat belt, its failure to charge the jury as requested and its assessing prejudgment interest against defendant Odom. 1A-1, Rule 60(b) (1983) to set aside the judgment assessing prejudgment interest. After entry of the order, defendants moved under N.C.G.S. The trial court accordingly entered judgment and allowed prejudgment interest against Odom. The jury returned a verdict against defendants, jointly and severally, in the amount of $94,300. The trial judge refused to instruct the jury as requested. Should the jury so find, it should then reduce any damages it would otherwise find Harry Hagwood suffered by such amount or proportions as the jury may find is attributable to his failure to utilize his available seat belt and shoulder harness.' Then the jury shall go on to consider and determine whether the plaintiff Harry Hagwood's failure to wear a seat belt and shoulder harness on October 7, 1982, significantly contributed to the nature or extent of the injuries he suffered and

#Toni jean gibbs shattered drivers

'If the jury shall find by the greater weight of the evidence:ДЄ) that on October 7, 1982, there existed reliable scientific evidence that the use of seat belt and shoulder harnesses by drivers of motor vehicles significantly reduced the risk of those drivers' suffering severe bodily injuries from accidents in which they might become involved andД«) that there was substantial public recognition and awareness of those conclusions in general and on the part of plaintiff in particular

Defendants requested the trial judge instruct the jury as follows: Prior to trial, the court entered an order in limine prohibiting defendants' counsel and witnesses from informing the jury that the plaintiff 'was or was not wearing a seat belt at the time of the accident.' At trial, defendants admitted their negligence and defended on the grounds of plaintiff's contributory negligence and the lack of proximate cause however, the only issue submitted to the jury was the amount of damages to which Hagwood was entitled. Defendants answered that Hagwood's failure to utilize a seat belt was contributory negligence. Hagwood (hereinafter, 'Hagwood' or 'plaintiff') and his wife alleged defendant Odom, an employee of defendant Southern Bell Telephone and Telegraph Company (hereinafter, 'Southern Bell'), negligently operated a truck which proximately caused plaintiffs' injuries. Dunn, Raleigh, for defendants-appellants. Michael Weeks, Zebulon, for plaintiffs-appellees.Д®manuel and Emanuel by Robert L. Toni Jean ODOM and Southern Bell Telephone and Telegraph Company.