Russell v. Camita Parden Beddow
Russell v. Camita Parden Beddow, 2011 WL 3558154 (Fla. 1st DCA Aug. 15, 2011) In a rear-end accident, Defendant claimed the lead driver was comparatively negligent in failing to wear his seatbelt. The Judge let the issue go to the jury for decision. But the DCA held the Trial Judge erred in denying Plaintiff’s Motion for Directed Verdict on the seatbelt defense. The appellate court found that the Defendant was required to present expert testimony that Plaintiff’s failure to wear the seatbelt contributed to the Plaintiff’s neck injury.