• Tex. App. Dist. 8
  • Ann Crawford McCLURE, Chief Justice
The appellant in this personal injury case argues that the trial court abused its discretion by excluding expert and lay testimony regarding the use or non-use of seat belts in a rollover automobile crash. The non-use of a seat belt cannot constitute a failure to mitigate damages because the claimant cannot reduce its damages before they occur, and the act of using or not using the seat belt does not intervene between the defendant's negligence and the claimant's damages. The trial court's judgment is affirmed. El Paso Court of Appeals, No. 08-09-00319-CV, 01-30-2013.