Wednesday, March 2, 2016

New Decision Clarifies Failure to Use Seat Belt’s Effect On Lawsuit

Originally published by William K. Berenson.

Seat belt -- woman buckling up

The Texas Supreme Court ruled last year that a defendant could use the plaintiff’s failure to wear a seat belt as evidence if this conduct caused or was a cause of his injuries. The Nabors v. Romero decision overruled the court’s precedent set 40 years ago.
On Monday, the Texas Eighth District Court of Appeals in El Paso issued a complicated opinion in this significant case that affects the outcome of automobile and truck collision lawsuits.
On remand, the justices concluded that the trial court had abused its discretion when it excluded the defendant’s expert’s opinion that seat belts reduce the risk of ejections in serious rollovers. However the court affirmed the trial court’s exclusion of the defendant’s expert regarding injuries to four of the minor plaintiffs for other reasons.

Curated by Texas Bar Today. Follow us on Twitter @texasbartoday.

from Texas Bar Today
via Abogado Aly Website

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