SB542 SFA Kessler 2-26 #1

Baker 7816

Senator Kessler moved to amend the bill on pages two and three, section forty-nine, lines twenty-two through fifty-four, by striking out all of subsection (d) and inserting in lieu thereof a new subsection, designated subsection (d), to read as follows:

(d) A violation of this section is not admissible as evidence of negligence or contributory negligence or comparative negligence in any civil action or proceeding for damages, and is not admissible in mitigation of damages: Provided, That the court may, upon motion of the defendant, conduct an in camera hearing to determine whether an injured party's failure to wear a safety belt was a proximate cause of the injuries complained of. Upon a finding by the court, the court may then, in a jury trial, by special interrogatory to the jury, determine: (1) That the injured party failed to wear a safety belt; and (2) that the failure to wear the safety belt constituted a failure to mitigate damages. The trier of fact may reduce the injured party's recovery for medical damages by an amount not to exceed five percent thereof. In the event the plaintiff stipulates to the reduction of five percent of medical damages, the court shall make the calculations and the issue of mitigation of damages for failure to wear a safety belt may not be presented to the jury. In all cases, the actual computation of the dollar amount reduction shall be determined by the court. In any action claiming damages under a product liability theory, claim or cause of action, this subsection is not intended to limit the manufacturer from introducing evidence of an adult vehicle occupant’s failure to wear a safety belt in violation of this section to defend the design, manufacture or crashworthiness of the product that is the subject of the action.

Adopted

Rejected