IMPSON V. STRUCTURAL METALS, INC.
487 S.W.2d 694 (1972)
NATURE OF THE CASE: Impson (P) challenged the decision of The Court of Civil Appeals
(Texas), which reversed and remanded P's personal injury suit for a new trial because the
trial court had failed to submit a special issue on negligence to the jury after it found
negligence per se.
FACTS: Structural Metals' (D) truck attempted to pass a car within 100 feet of an
intersection. The car turned left at the intersection and the D's truck hit the car. A
criminal statute prohibits drivers from driving their vehicles on the left hand side of a
highway within 100 feet of an intersection. Ps sued D from the accident that occurred where
an automobile in which three people were killed, including Mrs. Impson, and two others were
injured. D attempted to pass the car within a prohibited distance of a highway intersection.
D was sued for injuries. A statute prohibited passing within 100 feet of an intersection and
the jury found that D had passed within 100 feet of the intersection. The trial court viewed
the violation of the statute, as negligence per se; and it entered judgment for Ps. The
Court of Civil Appeals agreed that violation of the statute was negligence per se; but since
evidence of justification or excuse was introduced, it became the duty of the trial court to
submit (and the duty of Ps to request) a special issue on negligence. It ordered a new trial
and P appealed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
Get
free access to the entire content for Mac, PC or Online
for 2-3 days and free samples
of all kinds of products.
for 2-3 days and free samples of all kinds of products.
https://bsmsphd.com
© 2007-2016 Abn Study Partner
