Baker-Smith v. Skolnick

*515*341A flying mattress made Mackenzie Baker-Smith swerve on the freeway and crash at high speed. She sued a company for failing to secure the mattress. The jury ruled against her, but heard an incorrect jury instruction about negligence per se. This doctrine presumes defendants are negligent if *342they violate a law. A special exception excuses law violations if a defendant can prove it tried but could not comply with the law. Giving that excuse instruction here was error. We reverse and remand.

I

We summarize the case in the trial court. The first essential point is the Vehicle Code requires cargo…