Norris v. Ohio Standard Oil Co.

The accident in question occurred the day after the infamous “Blizzard of ’78.” The majority has recognized that, under those unusual circumstances, plaintiff was justified in travelling left of center.1 They go on to conclude, however, that “Norris’ failure to yield to Hetler was a violation of R. C. 4511.25(A)(2), and constituted contributory negligence as a matter of law.” However, only an unexcused failure to comply with a statute constitutes negligence per se. Zehe v. Falkner (1971), 26 Ohio St. 2d 258; Spaulding v. Waxler (1965), 2 Ohio St. 2d 1. Plaintiff should have been given the…