INSURANCE CO. OF NORTH AMERICA v. PASAKARNIS

No. 63312.

451 So.2d 447 (1984)

INSURANCE COMPANY OF NORTH AMERICA and John Menninger, Petitioners, v. Richard D. PASAKARNIS, Respondent.

Supreme Court of Florida.

Rehearing Denied July 10, 1984.


Attorney(s) appearing for the Case

Marjorie Gadarian Graham of Jones & Foster, West Palm Beach, for petitioners.

James C. Gavigan of the Law Offices of Hoadley & Gavigan, West Palm Beach, for respondent.

Kenneth L. Ryskamp of Goodwin, Ryskamp, Welcher & Carrier, Miami, for the Florida Defense Lawyers Association; Aubrey V. Kendall, P.A., Miami, and Edward T. O'Donnell of Mershon, Sawyer, Johnston, Dunwody & Cole, Miami, for the Motor Vehicle Manufacturers Association of the United States, Inc.; Frederick C. Heidgerd, Ft. Lauderdale, for Florida Safety Councils; and Larry Klein, West Palm Beach, for The Academy of Florida Trial Lawyers, amici curiae.


ALDERMAN, Chief Justice.

We review the decision of the District Court of Appeal, Fourth District, in Insurance Co. of North America v. Pasakarnis, 425 So.2d 1141 (Fla. 4th DCA 1982), wherein the district court certified as a question of great public importance whether Florida courts should consider seat belt evidence as bearing on comparative negligence or mitigation of damages. This is the first opportunity we have had to...

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