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Torts keyed to Robertson
Hutchins v. Scwartz
Citation:
Supreme Court of Alaska, 1986.Facts
The Plaintiff, Charles Hutchins, was injured in an automobile accident with the Defendant, Robert Schwartz. At the time of the accident, the Plaintiff was not wearing a seat belt. He sustained cuts on his head, bruises on his chest, knee and wrist, and a broken big toe. The Plaintiff sued the Defendant for $275,000 compensatory damages. The Plaintiff filed a motion in limine to exclude evidence of his non-use of a seatbelt. The judge denied the motion, ruling that evidence of the Plaintiff’s failure to wear a seat belt could be used by the Defendant to argue for a reduction of damages.
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Topic Resources
Topic Videos
Topic Outline
DamagesTopic Refresher Course
Negligence: Joint Tortfeasors, Identification and Contribution