Impson v. Structural Metals, Inc. case brief

Impson v. Structural Metals, Inc. case brief summary
487 S.W.2d 694 (1972)

CASE SYNOPSIS

Petitioner trucker challenged the decision of The Court of Civil Appeals (Texas), which reversed and remanded respondent accident victim'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.

CASE FACTS

• Petitioner trucker collided with and injured respondent accident victim when he was illegally passing on the left within 100 feet of an intersection, in violation of a criminal statute. 
• Because the trial court found negligence per se against petitioner, it did not submit any negligence issues to the jury. 
• Petitioner sought review and the lower court affirmed the finding of negligence per se, but reversed and remanded for a new trial because the jury did not make a special finding on the negligence issues of justification or excuse. 
• Petitioner appealed, claiming that the lower court should have rendered judgment on his behalf. 

DISCUSSION

• On appeal, the court reversed and affirmed the judgment of the trial court. 
• The court held that the facts did not support justification or excuse as a defense because petitioner had deliberately chosen to pass on the left, and no emergency or justification excused his violation of the statute which was enacted as a traffic safety measure. 
• On a motion for rehearing, the court remanded for a ruling on the excessiveness of the verdict.

CONCLUSION

The court reversed and affirmed the trial court's ruling of negligence per se against petitioner trucker in respondent accident victims' negligence suit, because at the time of the accident respondent's passing on the left violated a criminal statute which was intended as a highway safety measure. The evidence did not support a finding of excuse or justification. The court remanded for a ruling on the excessiveness of the verdict.

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