Rios v. Norsworthy

Even though Rios’s behavior was clearly wrong — he was illegally and unsafely passing on a curve — Norsworthy was not absolved of all responsibility. He was required to maintain a diligent lookout. The majority’s opinion is based on the conclusion that, as a matter of fact, Norsworthy used ordinary care to maintain a diligent lookout. Because I believe there is an issue of fact on this question, I respectfully dissent.

The majority correctly explains that all drivers must exercise ordinary care to discover and avoid the consequences of another driver’s negligent conduct. Yet the majority…