MOTT v. SUN COUNTRY GARDEN PRODUCTS, INC.

No. 15548.

901 P.2d 192 (1995)

120 N.M. 261

D'on MOTT, Executor and Heir to the Estate of Michael Hagen, deceased, and D'on Mott, as Mother and Next Friend of Jonathan Hagen, a minor, Plaintiff-Appellee, v. SUN COUNTRY GARDEN PRODUCTS, INC., a New Mexico corporation, Defendant-Appellant.

Court of Appeals of New Mexico.

Certiorari Denied July 12, 1995.


Attorney(s) appearing for the Case

Jeffrey E. Jones, Miller, Stratvert, Torgerson & Schlenker, P.A., Santa Fe, William H. Sutton, C. Tab Turner, Scott H. Tucker, Friday, Eldredge & Clark, Little Rock, AR, Marcy F. Branham, Phoenix, AZ, for plaintiff-appellee.

Penni Adrian, Robert L. Hlady, Gallagher, Casados & Mann, P.C., Albuquerque, for defendant-appellant.


OPINION

BLACK, Judge.

This case involves the use of the so-called "seat belt defense" in an automobile accident where the driver died after being thrown from his vehicle. A lawsuit by the decedent's estate resulted in a jury award of $1,780,200, holding the driver 30% liable for his own injuries and Defendant 70% liable. On appeal, Defendant argues that the district court committed error in three areas: (1) excluding evidence that neither the driver nor...

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