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Definitions.
As used in this chapter:
"Asbestos claim" means any claim, wherever or whenever made, for damages, losses, indemnification, contribution, or other relief arising out of, based on, or in any way related to asbestos, to the extent such claims are recognized under the laws of the Commonwealth, including
(i) any claim related to the health effects of exposure to asbestos, including any claim for personal injury or death, mental or emotional injury, risk of disease or other injury, or the costs of medical monitoring or surveillance;
(ii) any claim made by or on behalf of any person exposed to asbestos, or a representative, spouse, parent, child, or other relative of the person; and
(iii) any claim for damage or loss caused by the installation, presence, or removal of asbestos.
"Corporation" means a corporation for profit, including a domestic corporation organized under the laws of the Commonwealth, or a foreign corporation organized under laws other than the laws of the Commonwealth.
"Successor" means a corporation that assumes or incurs, or has assumed or incurred, successor asbestos-related liabilities.
"Successor asbestos-related liabilities" means any liabilities, whether known or unknown, asserted or unasserted, absolute or contingent, accrued or unaccrued, liquidated or unliquidated, or due or to become due, that are related in any way to asbestos claims, and that were assumed or incurred by a corporation as a result of or in connection with a merger or consolidation, or the plan of merger or consolidation related to the merger or consolidation, with or into another corporation or that are related in any way to asbestos claims based on the exercise of control or the ownership of stock of the corporation before the merger or consolidation. The term includes liabilities that, after the time of the merger or consolidation for which the fair market value of total gross assets is determined under § 8.01-702, are or were paid or otherwise discharged, or committed to be paid or otherwise discharged, by or on behalf of the corporation, or by a successor of the corporation, or by or on behalf of a transferor, in connection with settlements, judgments, or other discharges in the Commonwealth or another jurisdiction.
"Transferor" means a corporation from which successor asbestos-related liabilities are or were assumed or incurred.
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A.) "Asbestos claim" means any claim, wherever or whenever made, for damages, losses, indemnification, contribution, or other relief arising out of, based on, or in any way related to asbestos, including:
(1) the health effects of exposure to asbestos, including any claim for: a. personal injury or death; b. mental or emotional injury; c. risk of disease or other injury; or d. the costs of medical monitoring or surveillance, to the extent such claims are recognized under state law;
(2) any claim made by or on behalf of any person exposed to asbestos, or a representative, spouse, parent, child, or other relative of the person; and
(3) any claim for damage or loss caused by the installation, presence, or removal of asbestos.
B.) "Corporation" means a corporation for profit, including a domestic corporation organized under the laws of this state, or a foreign corporation organized under laws other than the laws of this state.
C.) "Successor" means a corporation that assumes or incurs, or has assumed or incurred, successor asbestos-related liabilities
D.) "Successor asbestos-related liabilities" means any liabilities, whether known or unknown, asserted or unasserted, absolute or contingent, accrued or unaccrued, liquidated or unliquidated, or due or to become due, that are related in any way to asbestos claims (as defined by this Act, as well as any claims for damage or loss caused by the installation, presence, or removal of asbestos) and that were assumed or incurred by a corporation as a result of or in connection with a merger or consolidation, or the plan of merger or consolidation related to the merger or consolidation, with or into another corporation or that are related in any way to asbestos claims (including property damage claims) based on the exercise of control or the ownership of stock of the corporation before the merger or consolidation. The term includes liabilities that, after the time of the merger or consolidation for which the fair market value of total gross assets is determined under Section 4, were or are paid or otherwise discharged, or committed to be paid or otherwise discharged, by or on behalf of the corporation, or by a successor of the corporation, or by or on behalf of a transferor, in connection with settlements, judgments, or other discharges in this state or another jurisdiction.
E.) "Transferor" means a corporation from which successor asbestos-related liabilities are or were assumed or incurred.
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Applicability of limitations on successor asbestos-related liabilities.
A. The limitations in § 8.01-701 shall apply to a corporation that is a successor and became a successor prior to January 1, 1972, or is a successor of that corporation's successors.
B. The limitations in § 8.01-701 shall not apply to:
1. Workers' compensation benefits paid by or on behalf of an employer to an employee under Title 65.2 or a comparable workers' compensation law of another jurisdiction;
2. Any claim against a corporation that does not constitute a successor asbestos-related liability; or
3. Any obligation under the National Labor Relations Act (29 U.S.C. § 151 et seq.), as amended, or under any collective bargaining agreement.
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Section 2. {Applicability}
A.) The limitations in Section 3 of this Title shall apply to: a domestic corporation or a foreign corporation that has had a certificate of authority to transact business in this state or has done business in this state and that is a successor or which is any of that successor corporation's successors.
B.) The limitations in Section 3 of this Title shall not apply to:
(1) workers' compensation benefits paid by or on behalf of an employer to an employee under this State's workers' compensation act or a comparable workers' compensation law of another jurisdiction;
(2) any claim against a corporation that does not constitute a successor asbestos-related liability;
(3) an insurance corporation, as that term is used in the Insurance Code; or
(4) any obligations under the National Labor Relations Act (29 U.S.C. Section 151 et seq.), as amended, or under any collective bargaining agreement.
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Limitations on successor asbestos-related liabilities.
A. Except as provided in subsection B, the cumulative successor asbestos-related liabilities of a corporation are limited to the fair market value of the total gross assets of the transferor determined as of the time of the merger or consolidation. The corporation is not responsible for successor asbestos-related liabilities in excess of this limitation.
B. If the transferor assumed or incurred successor asbestos-related liabilities in connection with a prior merger or consolidation with a prior transferor, then the fair market value of the total assets of the prior transferor, determined as of the time of the earlier merger or consolidation, shall be substituted for the limitation set forth in subsection A for purposes of determining the limitation of liability of a corporation.
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Section 3. {Limitations on Successor Asbestos-Related Liabilities}
A.) Except as further limited in Subsection (b), the cumulative successor asbestos-related liabilities of a corporation are limited to the fair market value of the total gross assets of the transferor determined as of the time of the merger or consolidation. The corporation does not have any responsibility for successor asbestos-related liabilities in excess of this limitation.
B.) If the transferor had assumed or incurred successor asbestos-related or liabilities in connection with a prior merger or consolidation with a prior transferor, then the fair market value of the total assets of the prior transferor, determined as of the time of such earlier merger or consolidation, shall be substituted for the limitation set forth in
Subsection (a) for purposes of determining the limitation of liability of a corporation.
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Establishing fair market value of total gross assets.
A. A corporation may establish the fair market value of total gross assets for the purpose of the limitations under §8.01-701 through any method reasonable under the circumstances, including:
1. By reference to the going-concern value of the assets or to the purchase price attributable to or paid for the assets in an arm's-length transaction; or
2. In the absence of other readily available information from which fair market value can be determined, by reference to the value of the assets recorded on a balance sheet.
B. Total gross assets include intangible assets.
C. To the extent total gross assets include any liability insurance issued to the transferor whose assets are being valued for purposes of this section, the applicability, assignability, terms, conditions, and limits of such insurance shall not be affected by this chapter, nor shall this chapter otherwise affect the rights and obligations of a transferor, successor, or insurer under any insurance contract or related agreement, including, but not limited to, rights and obligations under pre-enactment settlements between a transferor or successor and its insurers resolving liability insurance coverage, and the rights of an insurer to seek payment for applicable deductibles, retrospective premiums, or self-insured retentions or to seek contribution from a successor for uninsured or self-insured periods or periods where insurance is uncollectible or otherwise unavailable. To the extent total gross assets include any such liability insurance, a settlement of a dispute concerning such liability insurance coverage entered into by a transferor or successor with the insurers of the transferor before the effective date of this chapter shall be determinative of the total coverage of such liability insurance to be included in the calculation of the transferor's total gross assets.
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{Establishing Fair Market Value of Total Gross Assets}
A.) A corporation may establish the fair market value of total gross assets for the purpose of the limitations under Section 3 through any method reasonable under the circumstances, including:
(1) by reference to the going concern value of the assets or to the purchase price attributable to or paid for the assets in an arm's-length transaction; or
(2) in the absence of other readily available information from which fair market value can be determined, by reference to the value of the assets recorded on a balance sheet.
B.) Total gross assets include intangible assets.
C.) Total gross assets include the aggregate coverage under any applicable liability insurance that was issued to the transferor whose assets are being valued for purposes of this Section and which insurance has been collected or is collectable to cover successor asbestos-related liabilities (except compensation for liabilities arising from workers' exposure to asbestos solely during the course of their employment by the transferor). A settlement of a dispute concerning such insurance coverage entered into by a transferor or successor with the insurers of the transferor before the enactment of this title shall be determinative of the aggregate coverage of such liability insurance to be included in the calculation of the transferor's total gross assets.
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Adjustment of fair market value.
A. Except as provided in subsections B, C, and D, the fair market value of total gross assets at the time of a merger or consolidation increases annually at a rate equal to the sum of
(i) The prime rate as listed in the first edition of the Wall Street Journal published for each calendar year since the merger or consolidation, unless the prime rate is not published in that edition, in which case a reasonable determination of the prime rate on the first day of the year may be used, and
(ii) one percent.
B. The rate provided in subsection A is not compounded.
C. The adjustment of fair market value of total gross assets continues as provided under subsection A until the date the adjusted value is first exceeded by the cumulative amounts of successor asbestos-related liabilities paid or committed to be paid by or on behalf of the corporation or a predecessor, or by or on behalf of a transferor, after the time of the merger or consolidation for which the fair market value of total gross assets is determined.
D. No adjustment of the fair market value of total gross assets shall be applied to any liability insurance that may be included in the definition of total gross assets under § 8.01-702.
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Section 5. {Adjustment}
A.) Except as provided in Subsections (b), (c), and (d), the fair market value of total gross assets at the time of a merger or consolidation increases annually at a rate equal to the sum of:
(1) The prime rate as listed in the first edition of the Wall Street Journal published for each calendar year since the merger or consolidation, unless the prime rate is not published in that edition of the Wall Street Journal, in which case any reasonable determination of the prime rate on the first day of the year may be used; or
(2) one percent.
B.) The rate in Subsection (a) is not compounded.
C.) The adjustment of fair market value of total gross assets continues as provided under Subsection (a) until the date the adjusted value is first exceeded by the cumulative amounts of successor asbestos-related liabilities paid or committed to be paid by or on behalf of the corporation or a predecessor, or by or on behalf of a transferor, after the time of the merger or consolidation for which the fair market value of total gross assets is determined.
D.) No adjustment of the fair market value of total gross assets shall be applied to any liability insurance otherwise included in the definition of total gross assets by subsection 4(c).
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ALEC Legislation in Virginia: Tort Reform
Contents
HB 629, HB 1762, and HB 142: Successor Asbestos-Related Liability Fairness Act
This legislation was designed to limit the liability of Crown Cork & Seal in relation asbestos litigation. Virginia House Speaker Bill Howell requested Delegate Kilgore carry the legislation. Howell, who has close ties to both ALEC and Crown Cork & Seal, used his considerable power to rearrange committee assignments and heavily lobbied his colleagues after versions of the bill failed two years in a row. ALEC, which authored the legislation, notes it has passed in 11 states and been introduced in an additional 5, including Virginia. (Source: Washington Post)
Virginia's Successor Asbestos-Related Liability Fairness Act
ALEC's Successor Asbestos-Related Liability Fairness Act
Definitions.
As used in this chapter:
"Asbestos claim" means any claim, wherever or whenever made, for damages, losses, indemnification, contribution, or other relief arising out of, based on, or in any way related to asbestos, to the extent such claims are recognized under the laws of the Commonwealth, including
(i) any claim related to the health effects of exposure to asbestos, including any claim for personal injury or death, mental or emotional injury, risk of disease or other injury, or the costs of medical monitoring or surveillance;
(ii) any claim made by or on behalf of any person exposed to asbestos, or a representative, spouse, parent, child, or other relative of the person; and
(iii) any claim for damage or loss caused by the installation, presence, or removal of asbestos.
"Corporation" means a corporation for profit, including a domestic corporation organized under the laws of the Commonwealth, or a foreign corporation organized under laws other than the laws of the Commonwealth.
"Successor" means a corporation that assumes or incurs, or has assumed or incurred, successor asbestos-related liabilities.
"Successor asbestos-related liabilities" means any liabilities, whether known or unknown, asserted or unasserted, absolute or contingent, accrued or unaccrued, liquidated or unliquidated, or due or to become due, that are related in any way to asbestos claims, and that were assumed or incurred by a corporation as a result of or in connection with a merger or consolidation, or the plan of merger or consolidation related to the merger or consolidation, with or into another corporation or that are related in any way to asbestos claims based on the exercise of control or the ownership of stock of the corporation before the merger or consolidation. The term includes liabilities that, after the time of the merger or consolidation for which the fair market value of total gross assets is determined under § 8.01-702, are or were paid or otherwise discharged, or committed to be paid or otherwise discharged, by or on behalf of the corporation, or by a successor of the corporation, or by or on behalf of a transferor, in connection with settlements, judgments, or other discharges in the Commonwealth or another jurisdiction.
"Transferor" means a corporation from which successor asbestos-related liabilities are or were assumed or incurred.
A.) "Asbestos claim" means any claim, wherever or whenever made, for damages, losses, indemnification, contribution, or other relief arising out of, based on, or in any way related to asbestos, including:
(1) the health effects of exposure to asbestos, including any claim for: a. personal injury or death; b. mental or emotional injury; c. risk of disease or other injury; or d. the costs of medical monitoring or surveillance, to the extent such claims are recognized under state law;
(2) any claim made by or on behalf of any person exposed to asbestos, or a representative, spouse, parent, child, or other relative of the person; and
(3) any claim for damage or loss caused by the installation, presence, or removal of asbestos.
B.) "Corporation" means a corporation for profit, including a domestic corporation organized under the laws of this state, or a foreign corporation organized under laws other than the laws of this state.
C.) "Successor" means a corporation that assumes or incurs, or has assumed or incurred, successor asbestos-related liabilities
D.) "Successor asbestos-related liabilities" means any liabilities, whether known or unknown, asserted or unasserted, absolute or contingent, accrued or unaccrued, liquidated or unliquidated, or due or to become due, that are related in any way to asbestos claims (as defined by this Act, as well as any claims for damage or loss caused by the installation, presence, or removal of asbestos) and that were assumed or incurred by a corporation as a result of or in connection with a merger or consolidation, or the plan of merger or consolidation related to the merger or consolidation, with or into another corporation or that are related in any way to asbestos claims (including property damage claims) based on the exercise of control or the ownership of stock of the corporation before the merger or consolidation. The term includes liabilities that, after the time of the merger or consolidation for which the fair market value of total gross assets is determined under Section 4, were or are paid or otherwise discharged, or committed to be paid or otherwise discharged, by or on behalf of the corporation, or by a successor of the corporation, or by or on behalf of a transferor, in connection with settlements, judgments, or other discharges in this state or another jurisdiction.
E.) "Transferor" means a corporation from which successor asbestos-related liabilities are or were assumed or incurred.
Successor asbestos-related liability constitutes threat to viability of Virginia companies.
It is hereby found and declared that the number of asbestos-related claims is significant and threatens the continued viability of companies, including Virginia employers, that have never been in the business of manufacturing, selling, or distributing asbestos or asbestos products and are argued to be liable only as successor corporations. A public purpose is served by providing limitations of liabilities for asbestos-related claims against successor corporations. It is essential to the public interests to provide relief to these innocent successor corporations so that they may remain viable and continue to contribute to the Commonwealth.
Applicability of limitations on successor asbestos-related liabilities.
A. The limitations in § 8.01-701 shall apply to a corporation that is a successor and became a successor prior to January 1, 1972, or is a successor of that corporation's successors.
B. The limitations in § 8.01-701 shall not apply to:
1. Workers' compensation benefits paid by or on behalf of an employer to an employee under Title 65.2 or a comparable workers' compensation law of another jurisdiction;
2. Any claim against a corporation that does not constitute a successor asbestos-related liability; or
3. Any obligation under the National Labor Relations Act (29 U.S.C. § 151 et seq.), as amended, or under any collective bargaining agreement.
Section 2. {Applicability}
A.) The limitations in Section 3 of this Title shall apply to: a domestic corporation or a foreign corporation that has had a certificate of authority to transact business in this state or has done business in this state and that is a successor or which is any of that successor corporation's successors.
B.) The limitations in Section 3 of this Title shall not apply to:
(1) workers' compensation benefits paid by or on behalf of an employer to an employee under this State's workers' compensation act or a comparable workers' compensation law of another jurisdiction;
(2) any claim against a corporation that does not constitute a successor asbestos-related liability;
(3) an insurance corporation, as that term is used in the Insurance Code; or
(4) any obligations under the National Labor Relations Act (29 U.S.C. Section 151 et seq.), as amended, or under any collective bargaining agreement.
Limitations on successor asbestos-related liabilities.
A. Except as provided in subsection B, the cumulative successor asbestos-related liabilities of a corporation are limited to the fair market value of the total gross assets of the transferor determined as of the time of the merger or consolidation. The corporation is not responsible for successor asbestos-related liabilities in excess of this limitation.
B. If the transferor assumed or incurred successor asbestos-related liabilities in connection with a prior merger or consolidation with a prior transferor, then the fair market value of the total assets of the prior transferor, determined as of the time of the earlier merger or consolidation, shall be substituted for the limitation set forth in subsection A for purposes of determining the limitation of liability of a corporation.
Section 3. {Limitations on Successor Asbestos-Related Liabilities}
A.) Except as further limited in Subsection (b), the cumulative successor asbestos-related liabilities of a corporation are limited to the fair market value of the total gross assets of the transferor determined as of the time of the merger or consolidation. The corporation does not have any responsibility for successor asbestos-related liabilities in excess of this limitation.
B.) If the transferor had assumed or incurred successor asbestos-related or liabilities in connection with a prior merger or consolidation with a prior transferor, then the fair market value of the total assets of the prior transferor, determined as of the time of such earlier merger or consolidation, shall be substituted for the limitation set forth in
Subsection (a) for purposes of determining the limitation of liability of a corporation.
Establishing fair market value of total gross assets.
A. A corporation may establish the fair market value of total gross assets for the purpose of the limitations under §8.01-701 through any method reasonable under the circumstances, including:
1. By reference to the going-concern value of the assets or to the purchase price attributable to or paid for the assets in an arm's-length transaction; or
2. In the absence of other readily available information from which fair market value can be determined, by reference to the value of the assets recorded on a balance sheet.
B. Total gross assets include intangible assets.
C. To the extent total gross assets include any liability insurance issued to the transferor whose assets are being valued for purposes of this section, the applicability, assignability, terms, conditions, and limits of such insurance shall not be affected by this chapter, nor shall this chapter otherwise affect the rights and obligations of a transferor, successor, or insurer under any insurance contract or related agreement, including, but not limited to, rights and obligations under pre-enactment settlements between a transferor or successor and its insurers resolving liability insurance coverage, and the rights of an insurer to seek payment for applicable deductibles, retrospective premiums, or self-insured retentions or to seek contribution from a successor for uninsured or self-insured periods or periods where insurance is uncollectible or otherwise unavailable. To the extent total gross assets include any such liability insurance, a settlement of a dispute concerning such liability insurance coverage entered into by a transferor or successor with the insurers of the transferor before the effective date of this chapter shall be determinative of the total coverage of such liability insurance to be included in the calculation of the transferor's total gross assets.
{Establishing Fair Market Value of Total Gross Assets}
A.) A corporation may establish the fair market value of total gross assets for the purpose of the limitations under Section 3 through any method reasonable under the circumstances, including:
(1) by reference to the going concern value of the assets or to the purchase price attributable to or paid for the assets in an arm's-length transaction; or
(2) in the absence of other readily available information from which fair market value can be determined, by reference to the value of the assets recorded on a balance sheet.
B.) Total gross assets include intangible assets.
C.) Total gross assets include the aggregate coverage under any applicable liability insurance that was issued to the transferor whose assets are being valued for purposes of this Section and which insurance has been collected or is collectable to cover successor asbestos-related liabilities (except compensation for liabilities arising from workers' exposure to asbestos solely during the course of their employment by the transferor). A settlement of a dispute concerning such insurance coverage entered into by a transferor or successor with the insurers of the transferor before the enactment of this title shall be determinative of the aggregate coverage of such liability insurance to be included in the calculation of the transferor's total gross assets.
Adjustment of fair market value.
A. Except as provided in subsections B, C, and D, the fair market value of total gross assets at the time of a merger or consolidation increases annually at a rate equal to the sum of
(i) The prime rate as listed in the first edition of the Wall Street Journal published for each calendar year since the merger or consolidation, unless the prime rate is not published in that edition, in which case a reasonable determination of the prime rate on the first day of the year may be used, and
(ii) one percent.
B. The rate provided in subsection A is not compounded.
C. The adjustment of fair market value of total gross assets continues as provided under subsection A until the date the adjusted value is first exceeded by the cumulative amounts of successor asbestos-related liabilities paid or committed to be paid by or on behalf of the corporation or a predecessor, or by or on behalf of a transferor, after the time of the merger or consolidation for which the fair market value of total gross assets is determined.
D. No adjustment of the fair market value of total gross assets shall be applied to any liability insurance that may be included in the definition of total gross assets under § 8.01-702.
Section 5. {Adjustment}
A.) Except as provided in Subsections (b), (c), and (d), the fair market value of total gross assets at the time of a merger or consolidation increases annually at a rate equal to the sum of:
(1) The prime rate as listed in the first edition of the Wall Street Journal published for each calendar year since the merger or consolidation, unless the prime rate is not published in that edition of the Wall Street Journal, in which case any reasonable determination of the prime rate on the first day of the year may be used; or
(2) one percent.
B.) The rate in Subsection (a) is not compounded.
C.) The adjustment of fair market value of total gross assets continues as provided under Subsection (a) until the date the adjusted value is first exceeded by the cumulative amounts of successor asbestos-related liabilities paid or committed to be paid by or on behalf of the corporation or a predecessor, or by or on behalf of a transferor, after the time of the merger or consolidation for which the fair market value of total gross assets is determined.
D.) No adjustment of the fair market value of total gross assets shall be applied to any liability insurance otherwise included in the definition of total gross assets by subsection 4(c).
Scope of act.
A. To the fullest extent permissible, the courts shall liberally apply the limitations under this chapter to the issue of successor asbestos-related liabilities.
B. If any provision of this chapter or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect the provisions or applications of this chapter that can be given effect without the invalid provision or application, and to that end the provisions of this chapter are severable.
Section 6. {Scope of Chapter} The courts in this state shall apply, to the fullest extent permissible under the United States Constitution, this state's substantive law, including the limitation under this chapter, to the issue of successor asbestos-related liabilities
C. This chapter shall apply to all asbestos claims filed on or after its effective date and to all pending asbestos claims for which trial had not commenced as of the effective date of this chapter, except that any provisions of this chapter which would be unconstitutional if applied retroactively shall only be applied prospectively.
Section 7. {Effective Date} This Act shall take effect on its date of enactment. The
Act applies to all asbestos claims filed on or after the effective date. This Act also applies to any pending asbestos claims in which trial has not commenced as of the effective date.
Virginia's bills: http://leg1.state.va.us/ cgi-bin/legp504.exe?081+ful+HB142
http://leg1.state.va.us/cgi-bin/ legp504.exe?091+ful+HB1762
http://leg1.state.va.us/cgi-bin/ legp504.exe?101+ful+HB629
ALEC's model legislation: http://www.alecexposed.org/w/ images/9/9a/0E2-Successor _Asbestos- Related_Liability_ Fairness_Act_Exposed.pdf
SB 1428: Admissibility of seat belt use in civil actions
According to the Center for Media and Democracy, "this bill provides that failure to use a seatbelt can be used to limit damages in a personal injury lawsuit, without establishing negligence as a matter of law." (Source: Center for Media and Democracy)
Virginia's admissibility of evidence of nonuse of safety lap belts and shoulder harness in civil actions
ALEC's Admissibility in Civil Actions of Nonuse of a Seat Belt Act
Admissibility of evidence of nonuse of safety lap belts and shoulder harness in civil actions.
A violation of § 46.2-1092, 46.2-1094, or 46.2-1095 may be considered in mitigation of damages of whatever nature, be admissible in evidence, or be the subject of comment by counsel in any action for the recovery of damages arising out of the operation, ownership, or maintenance of a motor vehicle.
Section 2. In any civil action, a violation of [the mandatory seatbelt usage statute] shall not establish negligence as a matter of law or negligence per se for comparative fault purposes, but such violation may be considered in a civil action as evidence of comparative negligence or as evidence of failure to mitigate damages and such evidence may serve to reduce liability based upon an apportionment of damages as to the extent of the injury caused by the failure to wear a seat belt.
Virginia's bill: http://leg1.state.va.us/cgi-bin/legp504.exe?091+ful+SB1428
ALEC's model legislation: http://www.alecexposed.org/w/images/8/8d/0K0-Admissibility_in_Civil_Actions_of_Nonuse_of_a_Seat_Belt_Act_Exposed.pdf