New York Court of Appeals

Alyce J. Spier v. Donald F. Barker

December 20, 197435 N.Y.2d 444

Summary

The New York Court of Appeals affirmed the lower courts, holding that a plaintiff’s failure to wear an available seat belt is not negligence per se nor contributory negligence, but may be considered by the jury in assessing damages if the defendant proves a causal link, and that the trial court’s charge on this issue was proper.