NY Seatbelt Law Inapplicable in CT Residents' Car Accident
by
Joseph C. Maya on Apr. 12, 2017
Accident & Injury Accident & Injury Car Accident Accident & Injury Personal Injury
Summary: Blog post about a case involving multiple Connecticut residents that were in a car crash in New York.
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Plaintiff injured party sued defendants, driver and employer, where the driver struck the injured party's car, causing personal injuries. The driver and employer filed five special defenses. The injured party filed a motion in limine to preclude the driver and employer from offering evidence as to three of the special defenses.
The injured party lived in Connecticut, as did the driver. The employer had two offices in Connecticut. The car accident occurred in New York. Three of special defenses, which alleged a failure to wear a seatbelt, assumption of the risk, and failure to sustain the minimum required injuries necessary to bring suit, were not cognizable under Connecticut law. The court found that Connecticut law was applicable, and evidence regarding the three special defenses was excluded. The court found that there was no clear superiority of contacts with New York or Connecticut. Thus, the court considered the Connecticut choice of law principles used in tort cases. New York had a minimal interest in the fair system for determining compensation for personal injuries when one Connecticut resident was injured by another Connecticut resident. In addition, the New York law stating that failure to wear a seat belt was admissible as evidence of failure to mitigate damages, N.Y. Veh. & Traf. Law § 1229-c(8), did not express a policy of regulating the conduct of the parties in New York. It merely limited the liability exposure to which the conduct subjected the offender. The motion was granted.
At Maya Murphy, P.C., our personal injury attorneys are dedicated to achieving the best results for individuals and their family members and loved ones whose daily lives have been disrupted by injury, whether caused by a motor vehicle or pedestrian accident, a slip and fall, medical malpractice, a defective product, or otherwise. Our attorneys are not afraid to aggressively pursue and litigate cases and have extensive experience litigating personal injury matters in both state and federal courts, and always with regard to the unique circumstances of our client and the injury he or she has sustained.
Source: Noble v. Moore, 2002 Conn. Super. LEXIS 58 (Conn. Super. Ct. Jan. 7, 2002)
