Stokes v. Thirteenth Judicial Dist. Court

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After Peter Carter was killed in a car accident, Plaintiff filed a wrongful death and survival action against the vehicle manufacturer, the auto rental company, and the other driver in the accident. Plaintiff asserted claims against the auto companies for negligence and strict liability, arguing that the seatbelt system in Carter's vehicle was defective. The district court ruled that Mont. Code Ann. 61-13-106 prohibited evidence of seatbelt use or nonuse in products liability claims but not in negligence claims. The court concluded it would be too confusing for the jury to admit the evidence on the products liability claims but exclude it on the negligence claims and informed Stokes if he planned on using evidence of seatbelt use or nonuse he must drop his negligence claims. The Supreme Court granted Stokes's petition for supervisory control, holding (1) when the plaintiff's injuries are alleged to result from a defect in the vehicle's occupant restraint system, whether the claim sounds in negligence or strict liability, the statute does not preclude evidence of seatbelt use or nonuse; and (2) where the plaintiff's claim is combined with a claim against the driver of another vehicle involved in the crash, a limiting instruction must be given.