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SCHMITZER v. MISENER-BENNETT FORD, INC.

Docket Nos. 67515, 68924.

135 Mich. App. 350 (1984)

354 N.W.2d 336

SCHMITZER v. MISENER-BENNETT FORD, INC. SEIFERT v. ANDERSON

Michigan Court of Appeals.

Decided June 18, 1984.

Attorney(s) appearing for the Case

David N. Andreychuk, and Cicinelli, Mossner, Majoros & Alexander, P.C. (by Eugene D. Mossner and Charles A. Nicholson), of counsel, for plaintiff in No. 67515.

Smith & Brooker, P.C. (by Darlene A. Conness and A.T. Lippert, Jr.), for defendants in No. 67515.

Shapack, Singer & McCullough, P.C. (by Alan M. Kanter), for plaintiffs in No. 68924.

Berry, Puleo & Noeske (by Richard H. Winslow), for defendants in No. 68924.

Before: WAHLS, P.J., and BRONSON and N.J. KAUFMAN, JJ.

BRONSON, J.

In this appeal we are asked to reconsider the admissibility of evidence of a plaintiff's non-use of a seat belt as evidence of contributory negligence in light of this state's adoption of comparative negligence.1

I

In No. 67515, defendants, Misener-Bennett Ford and Monica Tanner, sought to amend their complaint following the deposition of Ronald Hines, M.D., the...

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