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FEDELE v. TUJAGUE

No. 98-C-0843.

717 So.2d 244 (1998)

Peggy FEDELE v. Lynette TUJAGUE, Allstate Insurance Co., et al.

Court of Appeal of Louisiana, Fourth Circuit.

April 15, 1998.

Attorney(s) appearing for the Case

George B. Recile, Chehardy, Sherman, Ellis, Breslin & Murray, Metairie, for Plaintiff/Appellant.

Michael T. Pulaski, Keith W. McDaniel, Christopher J. Wnuk, Pulaski, Gieger & Laborde, New Orleans, for Nissan Motor Corporation In U.S.A.

Before SCHOTT, C.J., and PLOTKIN and McKAY, JJ.

PLOTKIN, Judge.

The trial court granted the plaintiff's motion in limine, ordering as follows:

any evidence concerning whether the plaintiff was wearing a seat belt at the time of the accident be and is hereby excluded from being introduced at trial or from being referred to in any manner at trial.

The basis of the trial court's judgment was LSA-R.S. 32:295.1(E), which provides as follows:

In any action to recover damages arising out...

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