Articles Posted in Personal Injury Verdicts

Spa services are often considered a luxury that are designed to leave the recipient feeling relaxed and satisfied with their experience. Spa services vary greatly in terms of location, methodology, and intended effect. This can present a problem to clients who may not necessarily understand the experience or background of the particular esthetician. Moreover, the rules and regulations regarding training and education may vary greatly as well. This disparity can result in devastating effects when chemicals and certain processes are used on a person’s body.

MassageTo prevent negative reactions, clients are generally required to fill out some sort of prescreen form indicating any health concerns that should be noted or considered during the service. This paperwork is crucial to preventing unintended consequences or damaging results. If this questionnaire is not read or taken into consideration by the person performing the service, and an injury ensues because of that negligence, the injured party may commence a New Mexico personal injury lawsuit for the damages they sustained.

Court Finds Day Spa and Esthetician Responsible After Client Sustains Serious Skin Reaction

Recently, a court affirmed a lower court’s ruling that a day spa and esthetician were negligent in performing a spa service on the plaintiff. Evidently, the plaintiff and her husband visited the spa in 2013, and prior to their service, they were asked to fill out a medical questionnaire. The plaintiff noted that she had rosacea, which is a chronic skin condition. The esthetician performed the service on the plaintiff. During the service, the plaintiff felt as if her face was burned, and subsequently she experienced bruises and oozing blisters.

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Earlier this month, New Mexico’s Supreme Court issued an opinion regarding a complex dispute between a driver and an insurance company. The case was the subject of two jury trials and two appeals. Two specific evidentiary issues were appealed to the Supreme Court.

Law BooksFacts of the Case

The case stems from a dispute between two drivers and their insurance company. Apparently, the driver, who was covered under his parent’s insurance, was involved in an accident at around 1:30 a.m. on November 4, 2002. The insurance company claimed that the policy expired at 11:59 p.m. on November 3, 2002 – approximately 90 minutes prior to the accident.

The insurance company filed for a declaratory judgment, asserting that the parties were not insured at the time of the accident. The driver and his parents filed a counterclaim, arguing that they should be covered because the insurance company was acting in bad faith. During this time, the driver was sued by an injured third party. The insurance company paid a settlement but reserved its right to be reimbursed by the driver.

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Earlier this month, a state appellate court issued a written opinion that discusses an important concept in New Mexico car accident cases. The case presented the court with the task of determining whether a waving gesture made by the defendant to encourage the plaintiff to complete a left-hand turn through traffic was the cause of an accident that occurred when the plaintiff was struck by another vehicle. Ultimately, the court concluded that it is a driver’s own responsibility to safely complete a left turn through traffic and that the defendant’s gesture was not the proximate cause of the plaintiff’s injuries.

Traffic JamThe Facts of the Case

The plaintiff was an on-duty police officer who was heading back to the barracks. As the plaintiff approached the barracks heading westbound, he needed to make a left hand turn across two eastbound lanes of traffic in order to enter the barracks. At the time, there was a line of cars in the closest eastbound lane of traffic waiting at a red light. The defendant was one of the cars waiting at the traffic light.

The plaintiff inched his car forward and angled his car as though he wanted to make a left turn. He made eye contact with the defendant, who checked his own mirrors before waving the plaintiff on. The plaintiff slowly proceeded in front of the defendant’s vehicle, but as he entered the far eastbound lane of traffic, another motorist collided with his police cruiser.

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Earlier this month, an appellate court in Connecticut issued a written opinion in a car accident case involving the question of whether the trial court improperly excluded certain defense evidence from consideration at trial. The case is illustrative for New Mexico personal injury plaintiffs because the very same considerations are present in New Mexico personal injury cases when a judge determines whether to admit evidence, and if so, how much weight it is given.

Front-End CrashAdmissibility Versus Weight

As a preliminary matter, only certain evidence is relevant in a personal injury trial, and only relevant evidence will be admitted for the jury’s consideration. However, once a judge determines that evidence may be admitted, it is then up to the fact-finder (either a judge or a jury) to assess the evidence and determine how much weight to give it.

The Facts of the Case

The plaintiff was injured in a car accident involving an employee of the Department of Transportation. The plaintiff filed a personal injury lawsuit against the Department, claiming that it should be responsible for its employee’s negligent conduct.

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Although a surprise witness is a common theme on TV and in movies, a surprise witness at a trial is rare. Generally, parties are required to disclose their witnesses before trial, and often courts do not allow surprise witnesses to testify. The idea is that prior to trial, all of the parties know generally what to expect so that they will not be prejudiced by a surprise.

Doctor's White CoatThe Identification of Witnesses Through Pre-Trial Discovery

The process of discovery is a pre-trial procedure in which the parties can obtain information from each other through different discovery tools. The goal of discovery is to uncover the evidence that will or could be used at trial. For that reason, during discovery, one party can require another party to identify the witnesses who have knowledge about the incident at issue, as well as the witnesses they plan to call at trial.

In New Mexico, a trial court has broad discretion to allow or bar witnesses whose identities were not revealed in pre-trial discovery. That is, if a party discloses the identity of a witness late, the trial court can decide whether to allow the late-disclosed witness to testify. This decision generally depends on the circumstances, and the court may choose to impose a less harsh sanction in some cases.

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Recently, a state supreme court released an opinion in a lawsuit brought by two officers who were injured while they were in the process of helping an individual who had fallen asleep behind the wheel of a car. According to the court’s opinion, the two officers received a call about a traffic accident and were dispatched to the scene. The officers were speeding to the scene of the accident when the officer operating the police vehicle did not see a disabled pickup truck in the middle of the southbound lane. The police officers crashed into the disabled vehicle, resulting in serious injuries.

FiremenIt was later discovered that the individual in the disabled vehicle had a blood alcohol content of .103. Both officers applied for and received worker’s compensation benefits for the injuries they sustained as a result of the accident. The officers subsequently filed a negligence lawsuit against the pickup truck driver, claiming that the driver’s negligence caused them to suffer injuries and damages. The pickup truck driver claimed that the officers were partially at fault in causing the accident. He also argued that the firefighter’s rule barred all of the claims.

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A Florida appellate court recently released an opinion in a case involving the potential wrongful death of a nursing home resident. The deceased individual was admitted to the nursing home in April 2013. On the day after her admittance, the woman’s daughter signed and accepted the position of “health care proxy” on behalf of her mother. Although this proxy was signed, the plaintiff’s mother never executed a durable power of attorney in her daughter’s favor.

ContractWithin the first week of the resident’s admittance, her daughter signed a voluntary arbitration agreement. This agreement outlined what a legal representative was, and the daughter signed in the space designated for a legal representative’s signature. Importantly, the agreement stated that the nursing home could not require a person to sign the agreement unless the person had legal access or physical control of the resident’s income and resources.

Unfortunately, at some point after her admission, the resident sustained injuries that resulted in her death. The plaintiff, the resident’s estate, then filed a lawsuit against the nursing home. The nursing home responded by filing a motion to dismiss, attempting to compel arbitration. The trial court found the arbitration agreement was valid and granted the defendant’s motions.

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The Supreme Court in the State of Rhode Island recently released an opinion in a lawsuit stemming from a two-vehicle crash that injured a school crossing guard. According to the court’s opinion, the plaintiff was standing at her post as a crossing guard when a car that had run a red light slammed into a pickup truck in the intersection. After being hit, the pickup swerved and careened out of control, eventually striking the plaintiff, causing her to be slammed into a wall. The plaintiff ended up suffering serious injuries.

Body DamageAs a result of her injuries, the plaintiff filed a lawsuit against both of the drivers, claiming that they were negligent. The pickup truck driver moved for summary judgment, arguing that the case against him should be dismissed because there was no evidence to indicate that he’d acted negligently on that day – as opposed to the driver of the other car, who’d run a red light. The lower court agreed with the defendant and found that the plaintiff’s assertion that the pickup truck driver was negligent was not supported by anything in the record. The plaintiff then appealed the decision to the Supreme Court of Rhode Island.

The Supreme Court held that just by getting behind the wheel and driving his car on a public road, the pickup truck driver owed a duty of care to others on the road. Further, because he entered the intersection while the light was green does not necessarily mean that his duty of care was fulfilled. As such, the Court held that summary judgment was inappropriately granted because there were genuine issues of material facts that needed to be resolved by the jury.

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Last month, the Supreme Court of the State of Wyoming issued a decision in a premises liability case stemming from a 2014 accident. According to the court’s opinion, a student and his friends left a middle school P.E. class and had to travel between buildings to get to their next class. The students noticed a patch of ice and began playing on it. The student bringing the lawsuit slid on the ice and fell, breaking a tooth, fracturing his nose, and lacerating his face.

Feet on the SnowAfter investigating the area, it became clear that the icy spot was not hidden, and it was not readily apparent that anyone had done anything to made the ice more slippery or dangerous. The school explained that it is their practice to remove snow and apply ice melt every day when ice or snow is present. Nothing indicated that they did not follow this practice on the day in question.

The district court granted summary judgment in favor of the school and found that there was no duty because the accumulation of the ice was obvious and natural. The student then appealed the lower court’s ruling, and the appellate court affirmed the lower court’s judgment. That court stated that the plaintiff could not establish a prima facie case of negligence. It found that the student clearly knew that the area was dangerous. Furthermore, the court found that the school district did not violate the duty it owed to the student by applying an ice melting agent to the ice. The court explained that while the application of the ice melting agent may have changed the natural state of the ice, it was not proven that the school increased the likelihood of harm by applying the agent.

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Earlier this year, a state appellate court issued a written opinion discussing the negligent entrustment theory of liability. The plaintiff in the case was a man who was injured when a drunk driver struck him while he was driving. The relevant claim was against the driver’s employer, which had allowed the driver to use a company vehicle. The court ultimately determined that the plaintiff’s case should be permitted to move ahead toward trial because there was sufficient evidence to put the employer on notice as to the driver’s history of DUI convictions.

Broom and MopsThe Facts of the Case

As mentioned above, the plaintiff was struck by a drunk driver. That driver had arranged to borrow a vehicle from his employer. The employer allowed the driver to borrow the vehicle, despite the fact that it was clearly prohibited by company policy. While the employee was borrowing the vehicle, he had a few drinks and was involved in a DUI accident with the plaintiff.

The plaintiff filed a personal injury case against the driver’s employer, arguing that the employer was negligent in allowing the defendant to use a company vehicle. In support of his claim, the plaintiff pointed to several drunk driving convictions that the employee had incurred prior to being hired. In its defense, the employer explained that the employee only told the employer about one of the DUI convictions in the interview. The employer ran a background check that went back three years, and nothing came back.

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