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YOUNGENTOB v. ALLSTATE INSURANCE CO.

No. 4-86-3116.

519 So.2d 636 (1987)

Annette YOUNGENTOB and Joel Youngentob, Appellants, v. ALLSTATE INSURANCE COMPANY, Appellee.

District Court of Appeal of Florida, Fourth District.

On Petition for Rehearing February 24, 1988.

Attorney(s) appearing for the Case

Corey R. Stutin of Steinberg & Stutin, P.A., Orlando, for appellants.

John R. Hargrove of Tew, Jorden & Schulte, Fort Lauderdale, for appellee.

LETTS, Judge.

An injured car driver appeals, claiming that it was error to give a seat belt instruction. We agree and reverse.

The seminal case about seat belt defenses is Insurance Company of North America v. Pasakarnis, 451 So.2d 447, 454 (Fla. 1984), which unequivocally places the burden of proof on the defense to establish not only that a car is equipped with seat belts, but that they are "operational." In the...

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