Harrison v. Ellis

Although I agree with the majority’s result, the concern I have with both the majority and dissenting opinions is that they seem to confuse the issue of negligence per se with the question of causation. The discussion of OCGA § 40-6-73 and the duty to yield is irrelevant here.

Plaintiff’s sole enumeration of error is the trial court’s charging of OCGA § 40-6-46, regarding no-passing zones. It is clear that there was sufficient evidence, to justify a charge thereon, that the driver of the automobile in which plaintiff was a passenger violated that Code section. I

However, plaintiff argues, and…