proximate cause instruction (New Mexico) · Go Syfert
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proximate cause instruction in New Mexico

13 New Mexico opinions name it 2 courts 1985–2019 0 in the last five years

The cases below were cited by New Mexico courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (9)

CaseFollowedCited
Stoner v. Stonergreen
kan · 1931 · cited in 2 New Mexico opinions naming this issue, 2010–2011
2 sentences

2011See State v. Munoz, 1998-NMSC-048, ¶ 47 , 126 N.M. 535 , 972 5 P.2d 847 (finding no fundamental error when the district court failed to give that 6 portion of the proximate cause instruction that permits a determination of culpability 7 even when there is evidence that more than one person may have contributed to a 8 victim’s death).

2010See State v. Munoz, 1998-NMSC-048, ¶ 47 , 126 N.M. 535 , 972 5 P.2d 847 (finding no fundamental error when the district court failed to give that 6 portion of the proximate cause instruction that permits a determination of culpability 7 even when there is evidence that more than one person may have contributed to a 8 victim’s death).

22
State v. Munozgreen
nm · 1998 · cited in 2 New Mexico opinions naming this issue, 2010–2011
2 sentences

2011See State v. Munoz, 1998-NMSC-048, ¶ 47 , 126 N.M. 535 , 972 5 P.2d 847 (finding no fundamental error when the district court failed to give that 6 portion of the proximate cause instruction that permits a determination of culpability 7 even when there is evidence that more than one person may have contributed to a 8 victim’s death).

2011See State v. Munoz, 1998-NMSC-048, ¶ 47 , 126 N.M. 535 , 972 5 P.2d 847 (finding no fundamental error when the district court failed to give that 6 portion of the proximate cause instruction that permits a determination of culpability 7 even when there is evidence that more than one person may have contributed to a 8 victim’s death).

22
State v. Stephensred
nm · 1979 · cited in 1 New Mexico opinions naming this issue, 2012–2012
2 sentences

2012See 18 State v. Stephens, 93 N.M. 458, 462 , 601 P.2d 428, 432 (1979), overruled on other 19 grounds by State v. Contreras, 120 N.M. 486, 491 , 903 P.2d 228, 233 (1995). 10 1 Further, the parties did not dispute at trial whether Defendant’s actions caused 2 the actual accident, but whether they rose to the required level of recklessness.

2012See 18 State v. Stephens, 93 N.M. 458, 462 , 601 P.2d 428, 432 (1979), overruled on other 19 grounds by State v. Contreras, 120 N.M. 486, 491 , 903 P.2d 228, 233 (1995). 10 1 Further, the parties did not dispute at trial whether Defendant’s actions caused 2 the actual accident, but whether they rose to the required level of recklessness.

11
State v. Contrerasgreen
nm · 1995 · cited in 1 New Mexico opinions naming this issue, 2012–2012
2 sentences

2012See 18 State v. Stephens, 93 N.M. 458, 462 , 601 P.2d 428, 432 (1979), overruled on other 19 grounds by State v. Contreras, 120 N.M. 486, 491 , 903 P.2d 228, 233 (1995). 10 1 Further, the parties did not dispute at trial whether Defendant’s actions caused 2 the actual accident, but whether they rose to the required level of recklessness.

2012See 18 State v. Stephens, 93 N.M. 458, 462 , 601 P.2d 428, 432 (1979), overruled on other 19 grounds by State v. Contreras, 120 N.M. 486, 491 , 903 P.2d 228, 233 (1995). 10 1 Further, the parties did not dispute at trial whether Defendant’s actions caused 2 the actual accident, but whether they rose to the required level of recklessness.

11
Estate of Mitchum v. Triple S Truckinggreen
nmctapp · 1991 · cited in 1 New Mexico opinions naming this issue, 2010–2010
2 sentences

2010See Estate of Mitchum, 113 N.M. at 89-90 , 823 P.2d at 331-32 .

2010See Estate of Mitchum, 113 N.M. at 89-90 , 823 P.2d at 331-32 .

11
Morgan v. Cohengreen
md · 1987 · cited in 1 New Mexico opinions naming this issue, 1995–1995
2 sentences

1995The Court also emphasized that the operator of the motor vehicle could be held liable for the entire harm because of the operation of the doctrine of proximate cause, id. at 1005-06, and that at one time the majority rule was that a general release given to the original tortfeasor also released the allegedly negligent physician, id. at 1005 n. 3.

1995The Court also emphasized that the operator of the motor vehicle could be held liable for the entire harm because of the operation of the doctrine of proximate cause, id. at 1005-06, and that at one time the majority rule was that a general release given to the original tortfeasor also released the allegedly negligent physician, id. at 1005 n. 3.

11
Western States Mechanical Contractors, Inc. v. Sandia Corp.green
nmctapp · 1990 · cited in 1 New Mexico opinions naming this issue, 1995–1995
2 sentences

1995Maroulis, Note, Can HIV-Negative Plaintiffs Recover Emotional Distress Damages For Their Fear of AIDS?, 62 Fordham L.Rev. 225, 237 (1993) (“In fear-of-AIDS cases, the proximate cause inquiry revolves around the issue of whether the plaintiffs fear is reasonable.”); see also Western States Mechanical Contractors, Inc. v. Sandia Corp., 110 N.M. 676, 680 , 798 P.2d 1062, 1066 (Ct.App.) (in negligence case, “reasonableness or unreasonableness of anything is ordinarily a mixed question of law and fact which should be determined by a jury”), cert. denied, 110 N.M. 653 , 798 P.2d 1039 (1990).

1995Maroulis, Note, Can HIV-Negative Plaintiffs Recover Emotional Distress Damages For Their Fear of AIDS?, 62 Fordham L.Rev. 225, 237 (1993) (“In fear-of-AIDS cases, the proximate cause inquiry revolves around the issue of whether the plaintiffs fear is reasonable.”); see also Western States Mechanical Contractors, Inc. v. Sandia Corp., 110 N.M. 676, 680 , 798 P.2d 1062, 1066 (Ct.App.) (in negligence case, “reasonableness or unreasonableness of anything is ordinarily a mixed question of law and fact which should be determined by a jury”), cert. denied, 110 N.M. 653 , 798 P.2d 1039 (1990).

11
Stuckey v. Furr Food Cafeteriagreen
nm · 1963 · cited in 1 New Mexico opinions naming this issue, 1991–1991
2 sentences

1991In Stuckey v. Furr Food Cafeteria, 72 N.M. 15, 16 , 380 P.2d 172, 173 (1963), our supreme court construed the words “natural and direct” to “signify an understandable and reason-, able proximity of cause and effect as distinguished from remote and doubtful consequences resulting from a given occurrence.” The court’s language, although useful in the case in which it appeared, provides little guidance for the present situation, in which we must consider the significance under our statute of a non-work-related accident subsequent to a work-related accident.

1991In Stuckey v. Furr Food Cafeteria, 72 N.M. 15, 16 , 380 P.2d 172, 173 (1963), our supreme court construed the words “natural and direct” to “signify an understandable and reason-, able proximity of cause and effect as distinguished from remote and doubtful consequences resulting from a given occurrence.” The court’s language, although useful in the case in which it appeared, provides little guidance for the present situation, in which we must consider the significance under our statute of a non-work-related accident subsequent to a work-related accident.

11
Malczewski v. McReynolds Construction Co.green
nmctapp · 1981 · cited in 1 New Mexico opinions naming this issue, 1985–1985
2 sentences

1985See Malczewski v. McReynolds Construction Co., 96 N.M. 333 , 630 P.2d 285 (Ct.App.1981).

1985See Malczewski v. McReynolds Construction Co., 96 N.M. 333 , 630 P.2d 285 (Ct.App.1981).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in New Mexico. Read the followed side critically anyway.

Also cited on this issue (7)

CaseCitedYears
Martinez v. Friede red
nm · 2004
2 sentences

2019If [the jury instructions] were not proper, [the] plaintiffs participated in the submission of these matters to the jury, and they cannot now seek to have the verdict set aside by way of a motion for a new trial or on appeal.”), abrogated on other grounds by Martinez v. Friede, 2004-NMSC- 006, 135 N.M. 171 , 86 P.3d 596 ; Bendorf v. Volkswagenwerk Aktiengeselischaft, 1977-NMCA-038 , ¶ 8, 90 N.M. 414 , 564 P.2d 619 (“The proximate cause instruction was not only unobjected to by the plaintiff but it had been requested by the plaintiff.

2019If [the jury instructions] were not proper, [the] plaintiffs participated in the submission of these matters to the jury, and they cannot now seek to have the verdict set aside by way of a motion for a new trial or on appeal.”), abrogated on other grounds by Martinez v. Friede, 2004-NMSC- 006, 135 N.M. 171 , 86 P.3d 596 ; Bendorf v. Volkswagenwerk Aktiengeselischaft, 1977-NMCA-038 , ¶ 8, 90 N.M. 414 , 564 P.2d 619 (“The proximate cause instruction was not only unobjected to by the plaintiff but it had been requested by the plaintiff.

12019–2019
Bendorf v. Volkswagenwerk Aktiengeselischaft green
nmctapp · 1977
2 sentences

2019If [the jury instructions] were not proper, [the] plaintiffs participated in the submission of these matters to the jury, and they cannot now seek to have the verdict set aside by way of a motion for a new trial or on appeal.”), abrogated on other grounds by Martinez v. Friede, 2004-NMSC- 006, 135 N.M. 171 , 86 P.3d 596 ; Bendorf v. Volkswagenwerk Aktiengeselischaft, 1977-NMCA-038 , ¶ 8, 90 N.M. 414 , 564 P.2d 619 (“The proximate cause instruction was not only unobjected to by the plaintiff but it had been requested by the plaintiff.

2019If [the jury instructions] were not proper, [the] plaintiffs participated in the submission of these matters to the jury, and they cannot now seek to have the verdict set aside by way of a motion for a new trial or on appeal.”), abrogated on other grounds by Martinez v. Friede, 2004-NMSC- 006, 135 N.M. 171 , 86 P.3d 596 ; Bendorf v. Volkswagenwerk Aktiengeselischaft, 1977-NMCA-038 , ¶ 8, 90 N.M. 414 , 564 P.2d 619 (“The proximate cause instruction was not only unobjected to by the plaintiff but it had been requested by the plaintiff.

12019–2019
State v. Munoz green
nm · 1998
2 sentences

2002Muñoz, 1998-NMSC-041, ¶ 22 , 126 N.M. 371 , 970 P.2d 143 .

2002Muñoz, 1998-NMSC-041, ¶ 22 , 126 N.M. 371 , 970 P.2d 143 .

12002–2002
Torres v. El Paso Electric Co. red
nm · 1999
2 sentences

2001The inclusion of independent intervening cause in UJI 13-305 and its accompanying definition in UJI 13-306 “are intended to clarify the meaning of proximate cause in cases in which there is evidence from which reasonable minds could differ in deciding whether an unforeseeable cause has broken the chain of causation.” Torres, 1999-NMSC-029, ¶17 , 127 N.M. 729 , 987 P.2d 386 . {15} In Torres, our Supreme Court made clear “that the doctrine of independent intervening cause should be carefully applied to avoid conflict with New Mexico’s use of several liability.” Id. ¶ 19.

2001The inclusion of independent intervening cause in UJI 13-305 and its accompanying definition in UJI 13-306 “are intended to clarify the meaning of proximate cause in cases in which there is evidence from which reasonable minds could differ in deciding whether an unforeseeable cause has broken the chain of causation.” Torres, 1999-NMSC-029, ¶17 , 127 N.M. 729 , 987 P.2d 386 . {15} In Torres, our Supreme Court made clear “that the doctrine of independent intervening cause should be carefully applied to avoid conflict with New Mexico’s use of several liability.” Id. ¶ 19.

12001–2001
Aragon v. State Corrections Department green
nmctapp · 1991
2 sentences

1994Section 52-1-28(B) supplements the proximate cause requirement with a “ ‘natural and direct result’ ” requirement, meaning “a result that occurs in the natural course of life -without intervening events.” Aragon, 113 N.M. at 179 , 824 P.2d at 319 .

1994Section 52-1-28(B) supplements the proximate cause requirement with a “ ‘natural and direct result’ ” requirement, meaning “a result that occurs in the natural course of life -without intervening events.” Aragon, 113 N.M. at 179 , 824 P.2d at 319 .

11994–1994
T.W.I.W., Inc. v. Rhudy green
nm · 1981
2 sentences

1991We note that Section 52-1-28 did repeat other language of Section 52-1-9; it tracked Section 52-1-9 in using the phrase “arising out of, and in the course of, his employment.” See T.W.I.W., Inc. v. Rhudy, 96 N.M. 354 , 630 P.2d 753 (1981) (courts should avoid construing statute so as to render part of it surplusage).

1991We note that Section 52-1-28 did repeat other language of Section 52-1-9; it tracked Section 52-1-9 in using the phrase “arising out of, and in the course of, his employment.” See T.W.I.W., Inc. v. Rhudy, 96 N.M. 354 , 630 P.2d 753 (1981) (courts should avoid construing statute so as to render part of it surplusage).

11991–1991
Shamblin v. Nationwide Mutual Insurance green
wva · 1985
2 sentences

1990Its hybrid definition of "single occurrence" is as follows: "[A]ll injuries proximately caused by the governmental agency's successive negligent acts or omissions that combined concurrently to create a singular, separate, and unitary risk of harm fell within the meaning of a `single occurrence' when triggered by the discrete event of one runaway truck." (Emphasis added.) I believe a simpler and more practical approach is to determine whether there has been but "one event of an unfortunate character that takes place without one's *265 foresight or expectation." Shamblin, 332 S.E.2d at 644 .

1990Its hybrid definition of “single occurrence” is as follows: “[A]ll injuries proximately caused by the governmental agency’s successive negligent acts or omissions that combined concurrently to create a singular, separate, and unitary risk of harm fell within the meaning of a ‘single occurrence’ when triggered by the discrete event of one runaway truck.” (Emphasis added.) I believe a simpler and more practical approach is to determine whether there has been but “one event of an unfortunate character that takes place without one’s foresight or expectation.” Shamblin, 332 S.E.2d at 644 .

11990–1990

Where else courts name it

IL 168 (1911–2026) TX 90 (1932–2026) CA 73 (1927–2025) CT 48 (1967–2020) NY 42 (1911–2026) GA 38 (1954–2026) MD 36 (1943–2025) WA 35 (1959–2026) MI 33 (1895–2026) IA 32 (1955–2026) NJ 25 (1961–2026) OH 23 (1988–2025) TN 23 (1897–2025) UT 19 (1993–2026) NC 18 (1915–2025) KS 18 (1917–2025) IN 17 (1939–2017) CO 15 (1951–2025) PA 13 (1934–2021) NM 13 (1985–2019) ID 12 (1936–2019) AZ 12 (1982–2022) DE 10 (1936–2023) DC 10 (1987–2020) FL 9 (1981–2016) VT 9 (2003–2023) MO 9 (1996–2019) WV 8 (1983–2021) LA 8 (1940–2012) MT 7 (1985–2008) MN 7 (1937–2025) MS 6 (1988–2005) OK 6 (1985–2024) VA 6 (1936–2022) NV 6 (1985–2022) NE 5 (2005–2026) SD 4 (1948–2011) SC 4 (1998–2026) AL 4 (1974–2009) WY 4 (1989–2023) WI 4 (1903–2024) MA 3 (2000–2002) ND 3 (1994–2009) HI 3 (1975–2014) OR 3 (1914–2013) ME 3 (1934–2020) AK 3 (1981–2024) NH 2 (1923–2001) AR 2 (1971–2018) RI 2 (1994–1994) VI 2 (2012–2013)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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