A recent decision by the New Mexico Court of Appeals reversed a prior judgment, allowing a woman's product liability and negligence lawsuit against the manufacturer of a crosswalk lighting system and the City of Las Cruces, New Mexico to proceed toward trial.
On October 9, 2008 the plaintiff was crossing at a marked crosswalk in Las Cruces, New Mexico, when she was struck by a car and seriously injured. The woman claimed that she pushed the button at the crosswalk, but the flashing lights did not function properly to alert the driver of the car that ultimately hit her. The woman filed suit against the manufacturer of the lighting system and the city of Las Cruces, alleging that the company supplied a defective product, which was negligently employed by the city and caused her to be injured.
The Lower Court's Ruling
The Defendants argued that the woman's claim was invalid based on her own testimony taken in a deposition. The woman said that she would have crossed the street regardless of whether the warning lights were flashing. Based on the fact that the woman suggested the defective lights were not a cause of the accident, the New Mexico district Court ruled that the plaintiff did not present sufficient evidence for a jury to decide that the city nor the manufacturers were liable for her injuries.