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WELSH v. ANDERSON

No. 86-201.

421 N.W.2d 426 (1988)

228 Neb. 79

Barrie WELSH, Appellee and Cross-Appellant, v. William M. ANDERSON, Appellant and Cross-Appellee.

Supreme Court of Nebraska.

April 1, 1988.

Attorney(s) appearing for the Case

Gary L. Hoffman and Michael A. Fortune of Erickson & Sederstrom, P.C., Omaha, for appellant and cross-appellee.

John F. Thomas of McGrath, North, O'Malley & Kratz, P.C., Omaha, for appellee and cross-appellant.

HASTINGS, C.J., and WHITE, SHANAHAN, and FAHRNBRUCH, JJ., and BLUE, District Judge.

FAHRNBRUCH, Justice.

A Douglas County jury awarded the plaintiff, Barrie Welsh, $75,000 primarily for head injuries she suffered in a two-car accident. In a special verdict, the jury found that 75 percent of Welsh's injuries could have been prevented had she been wearing a seatbelt at the time of the collision. The trial judge refused to reduce the damages award by the 75 percent because the judge found Welsh had no duty to wear a seatbelt. The defendant, William...

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