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GARDNER v. HONDA MOTOR CO.

145 A.D.2d 41 (1988)

Michael Gardner, Appellant, v. Honda Motor Company, Ltd., et al., Respondents, et al., Defendant

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

December 23, 1988

Attorney(s) appearing for the Case

Paul William Beltz, P. C. (Russell Quinlan and Craig R. Watson of counsel), for appellant.

Lester, Schwab, Katz & Dwyer (Eric A. Portuguese, Harold Lee Schwab and Steven B. Prystowsky of counsel), for respondents.

Lipsig, Sullivan & Liapakis, P. C. (Pamela Anagnos Liapakis, Jay W. Dankner and Stephen C. Glasser of counsel), for New York State Trial Lawyers Association, amicus curiae.

William H. Crabtree, Edward P. Good, Charles H. Lockwood, II, John T. Whatley and Mayer, Brown & Platt (Paul M. Bator, Stephen M. Shapiro, Kenneth S. Geller and Kathryn A. Oberly of counsel), for Product Liability Advisory Council, and others, amici curiae.

DOERR, J. P., BOOMER, PINE and DAVIS, JJ., concur.

LAWTON, J.

Plaintiff, 25 years of age, was permanently rendered a quadriplegic when the 1979 Honda Accord he was operating collided with a parked vehicle at 4:48 A.M. on April 23, 1983. It is undisputed that plaintiff had not fastened the seat belt installed in the vehicle. Plaintiff, in this personal injury action brought against the manufacturer and seller of the Honda,

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