Kirk Daly, a 36-year-old attorney, was killed when his Buick Opel collided with some metal fence on the Harbor Freeway in Los Angeles. He was traveling at a speed between 50 and 70 mph. After the collision, the car spun and the driver's door flew open. Daly was ejected from the car and sustained fatal head injuries. Had the door stayed closed, his injuries would have been relatively minor. Daly was not wearing his seat belt. Discuss the negligence theory for recovery in the suit Daly's widow has brought against General Motors, the makers of the Buick Opel. Also discuss any defenses General Motors might have.
Answer: In Daly v. General Motors, 575 P.2d 1162 (Cal. 1978) the California court allowed the seat belt issue to be introduced as a comparative negligence defense to the suit.
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