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THOMAS v. HENSON

No. 15697.

695 P.2d 476 (1985)

102 N.M. 326

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.

Supreme Court of New Mexico.

Rehearing Denied February 20, 1985.

Attorney(s) appearing for the Case

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

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

OPINION

RIORDAN, Justice.

Plaintiffs brought suit in district court to recover damages for injuries sustained in an automobile accident with defendant. The district court granted plaintiffs' pretrial motion to exclude any evidence relating to plaintiffs' failure to use available seat belts. The jury found defendant 100 percent at fault and awarded damages to plaintiffs. Defendant then filed a motion for new trial and again raised the seat belt issue. The...

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