PJC General Negligence 2022

PJC 5.2

N EGLIGENCE P ER S E

The above example—driver incapacitated by heart attack—would fall under the first category. This excuse should, of course, be replaced with the one applicable to the particular case. Use of instruction for excuse proper. The use of an instruction following the definition of “negligence,” informing the jury about negligence per se and excuse issues, is consistent with Southern Pacific Co. v. Castro , 493 S.W.2d 491, 498 (Tex. 1973) (if there is evidence of permissible excuse, court may give, along with common law negligence question, instruction about nature of statutory standard and excuse).

72