The appellant passenger was seriously injured in a motor vehicle accident and was found 35 per cent contributorily negligent by a jury for failing to wear an available shoulder harness, despite wearing a lap belt.
The Court of Appeal held that the jury's assessment was unreasonable, as contributory negligence solely for failing to wear a seatbelt should not exceed 25 per cent.
The court substituted an assessment of 5 per cent contributory negligence, noting the appellant complied with the statutory requirement to wear a lap belt and the shoulder harness was a non-retracting type that was commonly worn improperly.
