SMITH v. HOLY TEMPLE CHURCH OF GOD IN CHRIST, INC.

No. 89-1873.

566 So.2d 864 (1990)

Irma J. SMITH, Appellant, v. HOLY TEMPLE CHURCH OF GOD IN CHRIST, INC., Appellee.

District Court of Appeal of Florida, First District.

September 5, 1990.


Attorney(s) appearing for the Case

Fred T. Stapp of Stapp & Martin, Jacksonville, for appellant.

S. Gordon Blalock of Blalock, Holbrook & Akel, Jacksonville, for appellee.


MINER, Judge.

Appellant, Irma J. Smith, was injured when the automobile in which she was a passenger collided with an automobile owned by appellee, Holy Temple Church of God in Christ, Inc. Although appellant brought suit and obtained a verdict, the jury found that 80% of her damages resulted from her failure to use a seat belt. On appeal, appellant argues that the jury should not have been instructed on the seat belt defense because it had not been established that...

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