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ALLSTATE INSURANCE COMPANY v. LAFFERTY

No. 63251.

451 So.2d 446 (1984)

ALLSTATE INSURANCE COMPANY, Bruno F. Cassens, and Ruth Steel Cassens, Petitioners, v. Lorraine Feitsma LAFFERTY a/K/a Lorraine Howard, Respondent.

Supreme Court of Florida.

Rehearing Denied July 10, 1984.

Attorney(s) appearing for the Case

Bradford L. Jefferson of Brennan, McAliley, Hayskar, McAliley and Jefferson, Fort Pierce, for petitioners.

J. Michael Brennan of Brennan & Muschott, Fort Pierce, for respondent.

Kenneth L. Ryskamp of Goodwin, Ryskamp, Welcher & Carrier, Miami, for Florida Defense Lawyers Ass'n, amicus curiae.

Aubrey V. Kendall, P.A., and Edward T. O'Donnell of Mershon, Sawyer, Johnston, Dunwody & Cole, Miami, for Motor Vehicle Mfrs. Ass'n of the U.S., Inc., amicus curiae.

Frederick C. Heidgerd, Fort Lauderdale, for Florida Safety Councils. Larry Klein, West Palm Beach, for The Academy of Fla. Trial Lawyers.

Joseph W. Little, Gainesville, interested party, amici curiae.

ALDERMAN, Chief Justice.

We review the decision of the District Court of Appeal, Fourth District, in Lafferty v. Allstate Insurance Co., 425 So.2d 1147 (Fla. 4th DCA 1982), wherein the district court certified the following question to us as being of great public importance:

Should Florida courts consider seat belt evidence as bearing on comparative negligence or mitigation of damages?

The Fourth District...

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