M. Nonuse of Seat Belt on Issue of NegligenceSee footnote 1 (6/89)
Some of the evidence presented in this case bears upon defendant's contention that plaintiff was not wearing a seat belt at the time of the accident. This contention is not relevant in deciding who is at fault for causing the accident.See footnote 2 However, it may be important in determining the amount of money that the plaintiff may recover for any injuries he/she received. I will talk about that with you in a few minutes.See footnote 3
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Footnote: 1 Waterson v. General Motors Corp., 111 N.J. 238, 264 (1988): "Consequently, the relevant inquiry is not whether the failure to use a seat belt contributed to the cause of the accident but whether the nonuse of a seat belt contributed to plaintiff's injuries."
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Footnote: 2 This charge is not intended to address cases where nonuse of a seat belt is alleged to have contributed to the happening of the accident itself. Waterson, supra note 1, at 268 n. 5.
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Footnote: 3 This refers to model charge section 6.11K.
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Model Civil Jury Charges
