Articles Posted in Injury Law

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Lenard E. Noice worked as a conductor for Petitioner BNSF Railway Company (BNSF). He fell from a BNSF train that was moving at speed and perished. Respondent, Lenard Noice II, acting as personal representative for Noice (the Estate), filed a wrongful death action against BNSF under the Federal Employee’s Liability Act (FELA), asserting, among other claims, that BNSF negligently permitted the train from which Noice fell to operate at an excessive speed. The undisputed facts established that the train from which Noice fell never exceeded the speed limit for the class of track upon which it was operating. BNSF moved for summary judgment arguing that the Estate’s FELA excessive-speed claim was precluded by the Federal Railroad Safety Act (FRSA). The district court accepted this argument and dismissed the Estate’s FELA claim. The Court of Appeals reversed, concluding that FRSA did not preclude a FELA excessive-speed claim. Because FRSA contained no provision expressly precluding the Estate’s FELA excessive-speed claim and because permitting the Estate’s FELA claim to proceed furthered the purposes of both statutes, the New Mexico Supreme Court affirmed the Court of Appeals. View "Noice v. BNSF Ry. Co." on Justia Law

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These consolidated appeals presented an issue to the New Mexico Supreme Court on whether farm and ranch laborers' exclusion from coverage under the state Workers' Compensation Act violated the rights of those workers under the Equal Protection Clause of Article II, Section 18 of the New Mexico Constitution in light of the fact that other agricultural workers are not singled out for exclusion. After review of these cases, the Supreme Court concluded that there was nothing to distinguish farm and ranch laborers from other agricultural employees and that purported government interests such as cost savings, administrative convenience, and other justifications related to unique features of agribusiness bore no rational relationship to the Act’s distinction between these groups. "This is nothing more than arbitrary discrimination and, as such, it is forbidden by our Constitution." Accordingly, the Court held that the farm and ranch laborer exclusion contained in Section 52-1-6(A) of the Act was unconstitutional, and these cases were remanded for further proceedings. View "Rodriguez v. Brand West Dairy" on Justia Law

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In a certified appeal, the issue this case presented for the New Mexico Supreme Court's consideration was whether the doctrine of fraudulent concealment applied to actions under the Wrongful Death Act (WDA), an issue of first impression in New Mexico. Alice Brice (Decedent) died in an automobile accident in 2006, when her 2002 Toyota Camry suddenly accelerated into a highway intersection, collided with a tractor-trailer, and burst into flames. The Estate of Alice C. Brice (Plaintiff) filed a wrongful death lawsuit in 2010, asserting products liability and various other claims against the car manufacturer, the dealer, and others (Defendants). Because this wrongful death action was filed three years and eleven months from the date of Decedent’s death, Defendants moved for judgment on the pleadings. Plaintiff alleged that Defendants prevented Plaintiff from obtaining knowledge about the cause of action, that Defendants were aware of the sudden acceleration problem in its vehicles for most of the decade preceding 2010 and well before Decedent’s 2006 accident, and that Defendants fraudulently concealed these problems until February 2010 when the sudden acceleration problems drew public attention and led to congressional hearings. Plaintiff contended that it had no way to discover its wrongful death cause of action before February 2010. Plaintiff asserted therefore that after discovering its cause of action, it promptly filed its wrongful death suit on August 31, 2010. The district court granted Defendants' motion. After review, the New Mexico Supreme Court held that the doctrine of fraudulent concealment could apply to toll the statutory limitations period for a wrongful death claim if a defendant has fraudulently concealed a cause of action, thereby preventing that defendant from claiming the statute of limitations as a defense until the plaintiff learned or, through reasonable diligence, could have learned of the cause of action. Accordingly the Court reversed and remanded this case for further proceedings. View "Estate of Brice v. Toyota Motor Corp." on Justia Law

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Plaintiffs Heather Spurlock, Sophia Carrasco, and Nina Carrera were former inmates of the Camino Nuevo Correctional Center, a prison housing female offenders, directed by Third-Party Defendant Warden Barbara Wagner and privately operated by Third-Party Defendant Corrections Corporation of America (CCA). While incarcerated, Plaintiffs were sexually assaulted by Defendant Anthony Townes, a corrections officer employed by CCA. The United States Court of Appeals for the Tenth Circuit certified a question of New Mexico law to the New Mexico Supreme Court centering on the question of the civil liability under New Mexico law of a private prison when a non-duty corrections officer sexually assaults inmates in the facility. The New Mexico Court held that the private prison was vicariously liable for damages caused by the intentional torts of its employee when those torts were facilitated by the authority provided to the employee by the prison. The liability of the prison may not be reduced by any fault attributed to the victims of the sexual assaults. View "Spurlock v. Townes" on Justia Law

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Environmental contamination from Shell Western Exploration and Production, Inc. and Shell Oil Company's operations was discovered in Hobbs. Residents near the area brought a toxic tort action against Shell for personal injury damages, alleging the contaminants cause their autoimmune disorders. Plaintiffs challenged the district court's exclusion of the scientific evidence and expert testimony they offered in support of their theory, and they challenged the grant of partial summary judgment in favor of Shell. After review, the Supreme Court concluded the district court applied an incorrect standard of admissibility in its evidentiary rulings, and that plaintiffs' causation evidence should have been admitted. Because summary judgment to Shell's culpability for autoimmune disorders was granted because of this improper exclusion, the Supreme Court reversed and remanded for further proceedings. View "Acosta v. Shell W. Expl. & Prod., Inc." on Justia Law

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This appeal arises out of a cross-claim for contractual and traditional indemnification. Plaintiffs Briana and Jason Fierro alleged they suffered injuries when a baby changing table collapsed in a Safeway store, and that the collapse was the result of negligence on the part of Safeway, Inc. (Safeway) and Rooter 2000 Plumbing and Drain SSS (Rooter). The central issue presented for the Supreme Court's review was whether the right to traditional indemnification was available notwithstanding New Mexico’s adoption of comparative fault where the jury compared and apportioned fault among concurrent tortfeasors. The New Mexico Supreme Court held that traditional indemnity did not apply when the jury finds a tortfeasor actively at fault and apportions liability using comparative fault principles. Another issue on appeal was whether the duty to insure and defend provision of the Standard Service Provider Terms and Conditions Agreement between Rooter and Safeway was void and unenforceable under NMSA 1978, Section 56-7-1 (1971, amended 2005). The Court held that it was, reversed the Court of Appeals, and affirmed the district court’s grant of summary judgment in favor of Plaintiffs. View "Safeway, Inc. v. Rooter 2000 Plumbing & Drain SSS" on Justia Law

Posted in: Injury Law

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Plaintiff Mary Ann Madrid appealed the grant of summary judgment in favor of Brinker Restaurant Corporation and its employee Randi Russell on the issue of causation. This case arose out of a tragic motorcycle accident that occurred in Belen in 2006. Plaintiff was a passenger on a motorcycle driven by Quin Sanchez that was heading north on a major thoroughfare, when the driver of a van heading west on a cross street failed to observe a stop sign and entered the path of the motorcycle. The motorcycle collided with the driver’s side of the van, instantly killing Sanchez and severely injuring Plaintiff. Plaintiff brought suit against Defendants alleging, among other things, that Defendants were liable for her injuries because they served Sanchez alcohol to the point of intoxication prior to the accident. She alleged that Defendants’ negligent conduct was a proximate cause of the accident and her resultant injuries. The district court granted summary judgment on the basis that Plaintiff failed to raise an issue of material fact to rebut Defendants’ assertion that the sole cause of the underlying accident was the negligence of a third party, rather than Defendants. The Court of Appeals affirmed. After review of the trial court record, the Supreme Court found that the evidence presented was sufficient to establish an issue of material fact, and therefore summary judgment was improper. View "Madrid v. Brinker Rest. Corp." on Justia Law

Posted in: Injury Law

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Plaintiff Kenneth Badilla bought a pair of work boots at Wal-Mart. He claimed the soles of the boots came unglued, causing him to trip and injure his back. More than three years later, he sued Wal-Mart and its store manager (Defendants) for breach of express and implied warranties. In his complaint plaintiff sought damages for personal injuries he claims were caused by the boots’ alleged failure to conform to their warranties. Defendants moved for summary judgment, which the district court granted on two grounds: (1) that Plaintiff’s complaint was time-barred by the application of the three-year statute of limitation for causes of action for torts; and (2) that there were no genuine issues of material fact to rebut plaintiff’s inability to establish the elements for breach of express and implied warranty. The Court of Appeals affirmed the district court’s grant of summary judgment on the statute of limitations issue, and because its determination on that issue was dispositive, it abstained from addressing the second basis upon which the district court granted summary judgment. Plaintiff sought review of the Court of Appeals’ decision by petition for writ of certiorari, asking this Court to determine whether his claims for personal injury damages resulting from breach of warranties were subject to the four-year limitation period set out in Section 55-2-725 or the three-year limitation period for tort actions found in Section 37-1-8. Upon review, the Supreme Court held that the UCC’s four-year statute of limitation governed breach of warranty claims, including those seeking damages for personal injuries resulting from the breach. View "Badilla v. Wal-Mart Stores East Inc." on Justia Law

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Ken Snow worked as an operator for the Navajo Refinery. During a procedure called a "turn-around" at the refinery, a hose assembly came loose and struck Snow, causing "serious, life-changing injuries." Snow and his wife filed suit against the Refinery, complaining of personal injury, loss of consortium, and asked for punitive damages. Snow named as defendants Midwest Hose & Specialty, Inc., Gandy Corporation, Repcon, Inc., and Holly Corporation as defendants. After a period of discovery, Snow sought to amend his complaint to add Warren Power & Machinery, Inc. d/b/a Warren CAT and Brininstool Equipment Sales. What this case presented for the Supreme Court's review centered on the "unusual" issue dealing with the procedure for seeking leave to amend a complaint to add parties as additional defendants. When the motion for leave is filed before the statute of limitations has run, but the order granting leave is filed after the statute has run, is the amended complaint time barred? Adopting a new rule for this situation, the Court held that the subsequently filed amended complaint, post-statute of limitations, was deemed filed as of the date of the original motion for leave to file and accordingly, the statute of limitations was not a bar. The Court of Appeals held to the contrary, and the Supreme Court reversed. View "Snow v. Warren Power & Mach., Inc." on Justia Law

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This appeal centered on the second of two qui tam actions filed by former New Mexico Education Retirement Board ("ERB") Chief Investment Officer Frank Foy and his wife Suzanne ("Foys"), attacking the management of the investment portfolios of the ERB and of the New Mexico State Investment Council ("SIC"). The Foys "allege that Defendants, who include Wall Street firms and investment advisors, as well as high-ranking state officials, executed fraudulent schemes that led to the loss of hundreds of millions of dollars at the expense of the [SIC] and the [ERB]. Specifically, the issue this case presented for the Supreme Court's review was whether the retroactive application of the Fraud Against Taxpayers Act, NMSA 1978, Sections 44-9-1 to -14 (2007) ("FATA") violated the Ex Post Facto Clauses of the United States and New Mexico Constitutions. The New Mexico Supreme Court held that FATA was constitutional. The treble damages under FATA were predominantly compensatory and could be applied retroactively to conduct that occurred prior to its effective date. The Court declined to resolve the issue of whether the civil penalties awarded under FATA were punitive and violated ex post facto principles until there was a definitive amount awarded. View "New Mexico ex rel. Foy v. Austin Capital Mgmt., Ltd." on Justia Law