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SABERZADEH v. SHAW

No. S-02-810.

663 N.W.2d 612 (2003)

266 Neb. 196

Nematollah SABERZADEH, Appellant, v. Jason SHAW, Appellee.

Supreme Court of Nebraska.

June 20, 2003.

Attorney(s) appearing for the Case

Cletus W. Blakeman, of Domina Law, P.C., L.L.O., Omaha, for appellant.

Daniel P. Chesire and Raymond E. Walden, of Lamson, Dugan & Murray, L.L.P., Omaha, for appellee.

HENDRY, C.J., WRIGHT, CONNOLLY, GERRARD, STEPHAN, McCORMACK, and MILLER-LERMAN, JJ.

McCORMACK, J.

NATURE OF CASE

Nematollah Saberzadeh appeals from a judgment of the district court for Douglas County. After a jury trial, Saberzadeh's award of damages was reduced in proportion to his degree of fault for not wearing an available and operational seatbelt during an automobile accident. He now argues that the appellee, Jason Shaw, failed to prove an element of Shaw's "seatbelt" defense, namely, that a seatbelt was available and operational in...

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