Impson v. Structural Metals, Inc.
The Supreme Court of Texas
487 S.W.2d 694 (1972)
A driver for Structural Metals (defendant) passed Impson's (plaintiff) car within 100 feet of an intersection in violation of a statute prohibiting such passing, and Impson's car, turning left at the intersection, collided with the truck, killing and injuring passengers. The trial court found the statutory violation made Structural Metals negligent as a matter of law, but the Texas Court of Appeals reversed, crediting Structural Metals's excuses that the driver forgot about the intersection, the intersection sign was too small, there were no road markings, and the driver was watching the car ahead rather than looking for the sign, and holding these excuses required submitting negligence to the jury.
Whether a court must submit the issue of negligence to the jury whenever a party offers any excuse for failing to comply with a statutory standard of care.