Annotations

• Under this section, all evidence of nonuse of a seatbelt is inadmissible regarding liability or proximate cause. Christensen v. Broken Bow Public Schools, 312 Neb. 814, 981 N.W.2d 234 (2022).

• A court should apply this section before applying a statutory cap on damages. Werner v. County of Platte, 284 Neb. 899, 824 N.W.2d 38 (2012).

• Under this section, evidence that a person was not wearing a seatbelt is admissible only as evidence concerning the mitigation of damages and cannot be used with respect to the issue of liability or proximate cause. Fickle v. State, 273 Neb. 990, 735 N.W.2d 754 (2007).

• Evidence of seatbelt misuse or nonuse was not admissible under this section where the plaintiff had dropped her claim that the seatbelt was faulty and stipulated before trial to a 5-percent reduction in the judgment. The trial court's reduction of the jury's award by 5 percent represented the full mitigation of damages available. Shipler v. General Motors Corp., 271 Neb. 194, 710 N.W.2d 807 (2006).

• Evidence of plaintiff's failure to wear a seatbelt may be introduced for mitigation of damages if defendant has demonstrated a causal connection between plaintiff's failure to wear an available seatbelt and the damages sustained by plaintiff. Jury instruction on plaintiff's failure to wear a seatbelt is proper to reduce damages by 5 percent or less, but only when defendant has demonstrated a causal connection between plaintiff's failure to wear an available seatbelt and the damages sustained by plaintiff. Vredeveld v. Clark, 244 Neb. 46, 504 N.W.2d 292 (1993).