Thomas v. McDonald

A DAPSCO, Inc. (defendant) flatbed truck driven by McDonald (defendant) stalled at dusk, blocking a highway lane with its engine and all lights dead and no reflectors, flares, or warning lights of any kind; McCormick (plaintiff) crashed into its rear and was seriously injured. McCormick sued for negligence, and the trial judge refused to instruct the jury that failing to place warning signals was negligence per se under a state law requiring reflectors, flares, or warning lights on stalled trucks; the jury found for the defendants, McCormick later died of unrelated causes, and Thomas, as administratrix of his estate, appealed.