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MORGEN v. FORD MOTOR CO.

No. 71S03-0211-CV-00593.

797 N.E.2d 1146 (2003)

Monterey P. MORGEN, Appellant (Plaintiff below), v. FORD MOTOR COMPANY, Appellee (Defendant below).

Supreme Court of Indiana.

October 29, 2003.

Attorney(s) appearing for the Case

Thomas A. Clements, David M. Hamacher, Hammond, IN, James L. Gilbert, Paul J. Komyatte, Arvada, CO, Attorneys for Appellant.

David V. Scott, New Albany, IN, Thomas C. Doehrman, Indianapolis, IN, Attorneys for Amicus Curiae Indiana Trial Lawyers Association.

Julia Blackwell Gelinas, Nelson D. Alexander, Allison S. Avery, Indianapolis, IN, Attorneys for Appellee.

SULLIVAN, Justice.

A jury rejected Monterey P. Morgen's claim that Ford Motor Company was responsible for the serious injuries he suffered as a back seat passenger in an automobile accident. The Court of Appeals ordered a new trial on the ground that the jury had been improperly instructed on Morgen's failure to use his seat belt. We find that the instruction was not erroneous, and even if it were, it did not affect the jury's verdict.

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