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Casebook Read Credits
Torts - Fall 2015 Reading Group
Resource 19 . 2
19 minutes

Derheim v. N. Fiorito, Inc.

Samantha Bates,
Jonathan Zittrain

Can a plaintiff's failure to buckle up undermine his claim for negligence, under the doctrines of contributory or comparative negligence? The plaintiff was involved in a car accident with the defendant, that may have been caused by the defendant's alleged failure to signal a turning maneuver. Plaintiff was not wearing his seat belt at the time of the accident. According to expert medical testimony, some of the plaintiff's injuries would have been prevented if he had worn his seat belt.

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