VOLKSWAGEN OF AMERICA, INC., APPELLANT,
v.
WALTER LEIGHTON LONG AND FLORENCE LONG, HIS WIFE, APPELLEES

Fla. 1st DCA | 1984-01-25
No. AS-291
MILLS, THOMPSON and WIGGINTON, JJ., concur.
444 So. 2d 1084 Florida District Court of Appeal, First District (1984) Caution
Cited by 2 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

Appellant’s motion for this Court to stay the issuance of its mandate to the lower court is denied. Our previous per curiam affirmance as to all four points on appeal is reaffirmed. Fla.App., 443 So. 2d 984. However, we would clarify our position as to the issue of whether refusal to allow evidence on the effect of appellee’s failure to wear his seat belt constituted reversible error. We hold that it did not and in so holding rely upon and adopt the reasoning in Lafferty v. Allstate Insurance Company, 425 So. 2d 1147 (Fla. 4th DCA 1982). See also Insurance Company of North America v. Pasakarnis, 425 So. 2d 1141 (Fla. 4th DCA 1982) and Brown v. Kendrick, 192 So. 2d 49 (Fla. 1st DCA 1966).

MILLS, THOMPSON and WIGGINTON, JJ., concur.


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  • Volkswagen OF Am., Inc. v. Long, 476 So. 2d 1267 (Fla. 1985)
    …OVERTON, Justice. This is a petition to review Volkswagen of America, Inc. v. Long, 444 So. 2d 1084 (Fla. 1st DCA 1984), in which the First District Court of Appeal held that the trial court properly excluded expert testimony regarding the causal connection between Walter Long’s failure to wear his seat belt and the injuries he suffered when a tir…

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