COBB, Judge.
The issue on this appeal is whether the driver of an automobile has a legal duty to ascertain that his inebriated passenger is secured by a seat belt and, if not, whether such a driver should, nonetheless, be estopped from relying upon the affirmative seat belt defense.
The plaintiff below, Raymond Bonds, Jr., alleged that the defendant, Fleming, negligently operated a motor vehicle causing him injury. Fleming answered with an affirmative seat...
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