Recently, a state appellate court issued a written opinion in a personal injury case discussing an interesting issue that arises in many New Mexico personal injury cases. Specifically, the case required the court determine what standard the defendant’s conduct should be held to in determining whether he was liable for the plaintiff’s injuries.
In New Mexico personal injury cases, in order for a plaintiff to be successful, they must establish that the defendant violated a standard of care that was owed to them by the defendant. In most New Mexico personal injury cases, the negligence standard is applied. However, in some limited situations, other standards can apply. The case mentioned above involves the application of the “reckless misconduct” standard. Importantly, New Mexico law differs from that applied in the following case, however, the case does offer a good illustration of how courts approach this analysis.
The Facts of the Case
The plaintiff was golfing with the defendant when, on the eighth hole, the defendant struck the defendant with the golf cart the two had been using to get around the course. The plaintiff filed a personal injury lawsuit against the defendant.