Ferrell v. Baxter
Supreme Court of Alaska
484 P.2d 250 (1971)
Ferrell (defendant), driving a car with Baxter (plaintiff) as a passenger, collided with a truck driven by Graves (defendant) on a snowy Alaska road, with each driver blaming the other for crossing the centerline or driving too fast for conditions. The trial court instructed the jury to find negligence if either driver violated specific traffic regulations requiring lane discipline and reasonable speed, and that the violation caused Baxter's injuries. The jury found Ferrell negligent and awarded Baxter $25,000; Ferrell appealed, challenging the jury instruction.
Whether violation of a safety statute constitutes negligence per se, under the majority view, as opposed to merely being evidence of negligence for the jury to weigh.