CIERPISZ v. SINGLETON

[No. 387, September Term, 1966.]

247 Md. 215 (1967)

230 A.2d 629

CIERPISZ v. SINGLETON, ETC., ET AL.

Court of Appeals of Maryland.

Decided June 27, 1967.


Attorney(s) appearing for the Case

Frederick J. Green, Jr., with whom were Lord, Whip, Coughlan & Green on the brief for appellant.

Allan Heneson for appellee.

The cause was argued before HAMMOND, C.J., and HORNEY, MARBURY, BARNES, McWILLIAMS and FINAN, JJ.


McWILLIAMS, J., delivered the opinion of the Court.

We are urged to say, for the first time, that the failure of a guest to make use of the seat belt provided by the host is, per se, evidence of contributory negligence.

On 25 July 1964 the appellant (Cierpisz) was 17 years old, single and the owner of a new Corvair. The appellee, Phyllis Kay Singleton (Phyllis), aged 19, was, at the time, his fiancee. It was about 7:30 P.M. when they left her home in Baltimore...

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