January 2010 Archives

January 15, 2010

Preventing Bicycle Traumatic Brain Injury

It is hard to find good that comes out of New Mexico drunk driving accidents. Similarly, there is little positive that can emerge from a New Mexico traumatic brain injury. However, a Carlsbad New Mexico man, George Methola, is doing just that. According to a recent newspaper article, Methola, after suffering his own traumatic brain injury has found an impressive way to turn his misfortune into a positive impact.

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Working with the Brain Injury Association of New Mexico, and the Carlsbad Brain Injury Support Group, he is working to minimize traumatic brain injury for New Mexico bicyclists by raising money to supply helmets.

Although one of New Mexico’s main recreational activities, bicycling can also result in serious and catastrophic injuries when things go wrong. Despite the Child Helmet Safety Act, many young New Mexico bicyclists do not wear helmets and are thus exposed to a substantial risk of injury. Methola is doing his part, learning from a traumatic brain injury, and working to increase the number of New Mexico bicyclists using helmets.

January 13, 2010

Inappropriate Teacher Conduct

Recent news outlets are reporting an incident that violates every parents' sense of safety. According the the news story, a 34 year old APS teacher has been arrested for inappropriate sexual conduct with a student. Depending on when the relationship began, this could also be known as statutory rape. In the event the allegations are true and the Albuquerque teacher faces criminal punishment, there is still no way to reverse the damage done to the child and family involved.

The situation poses a unique question under New Mexico injury law. Specifically, "When can the school be held accountable for the conduct of a teacher or employee." As is often the situation, the answer is complex and depends on a constellation of factors. These factors include, but are not limited to: where the relationship occurred, when it occurred, and whether there are sufficient connections to the man's role as a teacher. Depending on the answers to these questions, New Mexico law may allow for a financial recovery against the school or APS for what may amount to statutory rape.