Franklin

In this personal injury action arising out of a rear-end collision by a bus against an automobile, the defendants raised as contributory negligence the failure of the plaintiffs to wear seat belts. The trial court permitted the.jury to apportion damages to the plaintiffs’ failure to wear seat belts, although the defendants presented no evidence, expert or otherwise, to show what consequences would have been avoided by the use of seat belts. We have concluded that the trial court should not have allowed the jury to consider the “seat belt” issue in view of the defendants’ failure to establish that the plaintiffs’ injuries were aggravated or made worse by the nonuse of seat belts.

Harold and Imagene Franklin sued the bus driver Raymond Gibson and his employer Your Man Tour Charter Service, Inc., for personal injuries. The jury rendered verdicts in favor of plaintiffs, with special findings that Harold Franklin’s negligence contributed 30 percent, and Imagene Franklin’s negligence, 35 percent, to their respective injuries. Judgment was accordingly entered, and plaintiffs’ motion for new trial was denied. A timely notice of appeal was filed. We modify the judgment by…