ROUGEAU v. HYUNDAI MOTOR AMERICA

No. 2001-CC-1182.

805 So.2d 147 (2002)

Jessica Ann ROUGEAU v. HYUNDAI MOTOR AMERICA, et al.

Supreme Court of Louisiana.

January 15, 2002.


Attorney(s) appearing for the Case

Robert W. Maxwell, Michael T. Pulaski, John B. Sanders, New Orleans, Pulaski, Geiger & LaBorde, Counsel for Applicant.

Michael J. Mestayer, New Orleans, Leger & Mestayer; Brian J. Waid, Buras, James E. Shields, Gretna, Isabel B. Wingerter, Baton Rouge, Bubrig & Waid, Counsel for Respondent.

Chilton Davis Varner, Hugh F. Young, Jr., Colvin G. Norwood, Jr., New Orleans, Counsel for Product Liability Advisory Council Inc. (Amicus Curiae).

Russ M. Herman, Stephen J. Herman, James C. Klick, New Orleans, Counsel for Louisiana Trial Lawyers Assn. (Amicus Curiae).


VICTORY, Judge.*

We granted this writ to determine whether evidence of the plaintiff's failure to wear a seat belt is admissible in this automobile product liability case in light of La. R.S. 32:295.1(E). After reviewing the record and the applicable law, we hold that evidence of seat belt non-use may be admissible in a product liability case under certain limited circumstances; however, in this case, such evidence is inadmissible, and...

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