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Mendoza v. WIS International, Inc.: The Supreme Court's Decision Makes Seat Belt Non-Use Relevant Evidence

August 1, 2018

For decades, Arkansas Code Annotated § 27-37-703 barred Arkansas defense attorneys from introducing evidence related to a plaintiff's non-use or improper use of a seatbelt in lawsuits resulting from motor vehicle accidents (the "Failure to Comply Statute"). This allowed a plaintiff to keep evidence of his or her potentially negligent actions from juries even though the plaintiff was seeking damages for injuries that would likely have been mitigated or prevented had he or she been wearing a seat belt at the time of the accident. However, a recent Supreme Court of Arkansas decision, Mendoza v. WIS International, Inc., which addresses.... Read More

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