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IMPSON v. STRUCTURAL METALS, INC.

Supreme Court of Texas (1972) | 487 S.W.2d 694

4 min read

TL;DR: A truck driver violated a traffic law by passing near an intersection, causing a fatal crash. The court held that his excuses, such as momentary forgetfulness and misjudgment, were legally insufficient to rebut the presumption of negligence per se arising from the statutory violation.

Legal Significance: This case formally adopted the Restatement (Second) of Torts § 288A framework in Texas, establishing a clear standard for legally acceptable excuses to negligence per se and distinguishing them from mere evidence of ordinary carelessness.