Smith, R. v. Wells, A.

OPINION BY KUNSELMAN, J.:

In this appeal of a negligence case, the defendant's version of events undoubtedly establishes his careless driving. A jury, however, found he acted within the standard of care. The trial court then refused to grant the plaintiff judgment as a matter of law.

This was error, which we now reverse. We also hold that a driver's failure to stop in the assured clear distance ahead is negligence per se , under the second clause of 75 Pa.C.S.A. § 3361. A new trial on causation and the measure of damages (if any) is in order.

Driving down the Pennsylvania Turnpike on the morning…