Adam O. Lawrence, an infant, through his mother and next friend, Amy Fritz, Plaintiff-Appellee, v. In this wrongful death action, defendant, Sharon K. Taylor, appeals the judgment entered on a jury verdict in favor of plaintiff, Adam O. Lawrence. The trial court ruled as inadmissible evidence indicating that decedent was not wearing a motorcycle helmet at the time of the collision.
Defendant contends that ruling was reversible error.
We are not persuaded. A trial court has considerable discretion in deciding questions concerning the admissibility of evidence. To show an abuse of discretion, a party must establish that, under the circumstances, the court's decision was manifestly arbitrary, unreasonable, or unfair. Under the law of comparative negligence, evidence of a motorcycle operator s failure to wear a protective helmet is inadmissible to show either negligence or a failure to mitigate damages on the part of the operator. Here, in granting plaintiff s motion in limine to exclude evidence that decedent was not wearing a helmet, the trial court relied on Dare v. Sobule , supra .