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THOMAS v. HENSON

No. 7547.

696 P.2d 1010 (1984)

102 N.M. 417

E. Mae THOMAS, a/k/a E. Mae Patterson, Individually and as Mother and Next Friend of Cipriana and Althea Patterson, Minors, Plaintiffs-Appellees, v. Marjorie L. HENSON, Defendant-Appellant.

Court of Appeals of New Mexico.

November 6, 1984.

Attorney(s) appearing for the Case

Mark J. Klecan, Klecan & Childress, Albuquerque, for defendant-appellant.

David A. Archuleta, Albuquerque, for plaintiffs-appellees.

Thomas A. Simons IV, Simons, Cuddy & Friedman, Santa Fe, for amicus curiae N.M. Defense Lawyers Ass'n.

William H. Carpenter, William E. Snead, Richard E. Ransom, Albuquerque, for amicus curiae N.M. Trial Lawyers Ass'n.

OPINION

BIVINS, Judge.

This appeal raises the question of whether evidence of an injured party's failure to use an available seat belt may be considered by the fact finder. Because of the public interest in this question, we allowed the New Mexico Trial Lawyers Association and the Defense Lawyers Association to file amicus curiae briefs.

Plaintiffs, a mother and her two minor daughters, brought suit to recover damages sustained in an automobile accident...

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