District Court of Appeal of Florida July 1, 1992, No. 90-2134 (Curtis v. Bulldog Leasing Co.)

lead-opinion

LETTS, Judge.

In an automobile accident case, the trial judge permitted the defendant to present the seat belt defense to the jury although *612there was no evidence that the seat belt in the injured plaintiffs vehicle was fully operational. We reverse.

We have already had this case before us on a different issue, Curtis v. Bulldog Leasing Co., 513 So.2d 238 (Fla. 4th DCA 1987).