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6 New Mexico opinions name it 2 courts 1999–2025 1 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.
| Case | Followed | Cited |
|---|---|---|
Reichert v. Atlergreen2 sentences2015See Scott v. Rizzo, 1981-NMSC-021 , ¶ 22, 96 N.M. 682 , 634 P.2d 1234 (adopting the comparative fault rule), superseded in part by statute, NMSA 1978, § 41-3A-1 (1987), as recognized in Reichert v.Atler, 1992-NMCA-134 , ¶ 34, 117 N.M. 628 , 875 P.2d 384 . 2015Each party’s negligence was 18 a substantial factor and, therefore, a proximate cause of the ultimate harm.” Id. 19 {12} Even if this Court agreed with Defendant and adopted New York’s analysis of 8 1 whether an intoxicated driver can recover against another party in a negligence 2 action, we conclude that the judgment entered by the district court would be affirmed. 3 Like New York, New Mexico has adopted a comparative fault analysis of tort claims. 4 See Scott v. Rizzo, 1981-NMSC-021 , ¶ 22, 96 N.M. 682 , 634 P.2d 1234 (adopting the 5 comparative fault rule), superseded in part by statute, N | 1 | 2 |
Scott v. Rizzored2 sentences2015See Scott v. Rizzo, 1981-NMSC-021 , ¶ 22, 96 N.M. 682 , 634 P.2d 1234 (adopting the comparative fault rule), superseded in part by statute, NMSA 1978, § 41-3A-1 (1987), as recognized in Reichert v.Atler, 1992-NMCA-134 , ¶ 34, 117 N.M. 628 , 875 P.2d 384 . 2015See Scott v. Rizzo, 1981-NMSC-021 , ¶ 22, 96 N.M. 682 , 634 P.2d 1234 (adopting the comparative fault rule), superseded in part by statute, NMSA 1978, § 41-3A-1 (1987), as recognized in Reichert v.Atler, 1992-NMCA-134 , ¶ 34, 117 N.M. 628 , 875 P.2d 384 . | 1 | 2 |
Reichert v. Atlergreen2 sentences2015See Scott v. Rizzo, 1981-NMSC-021 , ¶ 22, 96 N.M. 682 , 634 P.2d 1234 (adopting the comparative fault rule), superseded in part by statute, NMSA 1978, § 41-3A-1 (1987), as recognized in Reichert v.Atler, 1992-NMCA-134 , ¶ 34, 117 N.M. 628 , 875 P.2d 384 . 2015Each party’s negligence was 18 a substantial factor and, therefore, a proximate cause of the ultimate harm.” Id. 19 {12} Even if this Court agreed with Defendant and adopted New York’s analysis of 8 1 whether an intoxicated driver can recover against another party in a negligence 2 action, we conclude that the judgment entered by the district court would be affirmed. 3 Like New York, New Mexico has adopted a comparative fault analysis of tort claims. 4 See Scott v. Rizzo, 1981-NMSC-021 , ¶ 22, 96 N.M. 682 , 634 P.2d 1234 (adopting the 5 comparative fault rule), superseded in part by statute, N | 1 | 2 |
Lujan Ex Rel. Lujan v. Healthsouth Rehabilitation Corp.green2 sentences2001We agree with the Court of Appeals that the district court erred in giving a comparative fault instruction, but we do not believe that this instruction caused any prejudice to Plaintiff; on the contrary, the instruction relieved Plaintiff of the burden of proving an element of her claim. {31} The Court of Appeals concluded that both of its rulings on this issue were compelled by our opinion in Lujan v. Health-south Rehabilitation Corp., 120 N.M. 422 , 902 P.2d 1025 (1995). 2001We agree with the Court of Appeals that the district court erred in giving a comparative fault instruction, but we do not believe that this instruction caused any prejudice to Plaintiff; on the contrary, the instruction relieved Plaintiff of the burden of proving an element of her claim. {31} The Court of Appeals concluded that both of its rulings on this issue were compelled by our opinion in Lujan v. Health-south Rehabilitation Corp., 120 N.M. 422 , 902 P.2d 1025 (1995). | 1 | 2 |
State v. Ferrygreen1 sentence2025See Ferry, 17 2018-NMSC-004, ¶ 2 ; Talley, 1993-NMCA-003 , ¶ 12. 4 Although Plaintiffs separately challenge the comparative fault instructions for lack of sufficient evidence, they do not contend on appeal that Defendants should have been barred at the outset of trial from asserting a comparative fault defense. 1 {10} Recognizing the possibility that the jury would be confused by the dismissed 2 defendants, the district court determined that giving a Fahrbach instruction was 3 appropriate. | 1 | 1 |
State v. Harrisgreen1 sentence2014See 6 State v. Mondragon, 1988-NMCA-027 , ¶ 10, 107 N.M. 421 , 759 P.2d 1003 (stating 7 that a party responding to a summary calendar notice must come forward and 8 specifically point out errors of law and fact, and the repetition of earlier arguments 9 does not fulfill this requirement), superseded by statute on other grounds as stated in 10 State v. Harris, 2013-NMCA-031, ¶ 3 , 297 P.3d 374 . 11 {7} Similarly, the State also continues to assert its general argument that it was 12 reasonable to stop Defendant because “he changed lanes into the path of a rapidly 13 approaching vehicle.” [MIO 1 | 1 | 1 |
State v. Mondragonred2 sentences2014See 6 State v. Mondragon, 1988-NMCA-027 , ¶ 10, 107 N.M. 421 , 759 P.2d 1003 (stating 7 that a party responding to a summary calendar notice must come forward and 8 specifically point out errors of law and fact, and the repetition of earlier arguments 9 does not fulfill this requirement), superseded by statute on other grounds as stated in 10 State v. Harris, 2013-NMCA-031, ¶ 3 , 297 P.3d 374 . 11 {7} Similarly, the State also continues to assert its general argument that it was 12 reasonable to stop Defendant because “he changed lanes into the path of a rapidly 13 approaching vehicle.” [MIO 1 2014See 6 State v. Mondragon, 1988-NMCA-027 , ¶ 10, 107 N.M. 421 , 759 P.2d 1003 (stating 7 that a party responding to a summary calendar notice must come forward and 8 specifically point out errors of law and fact, and the repetition of earlier arguments 9 does not fulfill this requirement), superseded by statute on other grounds as stated in 10 State v. Harris, 2013-NMCA-031, ¶ 3 , 297 P.3d 374 . 11 {7} Similarly, the State also continues to assert its general argument that it was 12 reasonable to stop Defendant because “he changed lanes into the path of a rapidly 13 approaching vehicle.” [MIO 1 | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in New Mexico. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Incorporated County of Los Alamos v. Johnson
green
2 sentences2015“We presume that the [Legislature is well informed as to existing statutory and common law and does not intend to enact a nullity[.]” Inc. Cnty. of Los Alamos v. Johnson, 1989-NMSC-045 , ¶ 4, 108 N.M. 633 , 776 P.2d 1252 . {16} Our Supreme Court adopted the comparative fault doctrine in 1981. 2015“We presume that the [Legislature is well informed as to existing statutory and common law and does not intend to enact a nullity[.]” Inc. Cnty. of Los Alamos v. Johnson, 1989-NMSC-045 , ¶ 4, 108 N.M. 633 , 776 P.2d 1252 . {16} Our Supreme Court adopted the comparative fault doctrine in 1981. | 2 | 2015–2015 |
Alami v. Volkswagen of America, Inc.
green
2 sentences2015Thus, we agree with the court in Alami that extension of the unlawful acts rule in this case “would abrogate [judicially and] legislatively mandated comparative fault analysis in a wide range of tort claims.” 766 N.E.2d at 577 . 2015Thus, we agree with the court in Alami that extension of the unlawful 8 acts rule in this case “would abrogate [judicially and] legislatively mandated 9 comparative fault analysis in a wide range of tort claims.” 766 N.E.2d at 577 . | 2 | 2015–2015 |
Thomas Ex Rel. Patterson v. Henson
green
2 sentences2015Thomas v. Henson, 1984-NMCA-113 , ¶ 24, 102 N.M. 417 , 696 P.2d 1010 , rev'd in part by 1985-NMSC-010 , 102 N.M. 326 , 695 P.2d 476 . 2015Thomas v. Henson, 1984-NMCA-113 , ¶ 24, 102 N.M. 417 , 696 P.2d 1010 , rev'd in part by 1985-NMSC-010 , 102 N.M. 326 , 695 P.2d 476 . | 1 | 2015–2015 |
Thomas Ex Rel. Patterson v. Henson
green
2 sentences2015Thomas v. Henson, 1984-NMCA-113 , ¶ 24, 102 N.M. 417 , 696 P.2d 1010 , rev'd in part by 1985-NMSC-010 , 102 N.M. 326 , 695 P.2d 476 . 2015Thomas v. Henson, 1984-NMCA-113 , ¶ 24, 102 N.M. 417 , 696 P.2d 1010 , rev'd in part by 1985-NMSC-010 , 102 N.M. 326 , 695 P.2d 476 . | 1 | 2015–2015 |
Clark v. State
green
1 sentence2015Each party’s negligence was 18 a substantial factor and, therefore, a proximate cause of the ultimate harm.” Id. 19 {12} Even if this Court agreed with Defendant and adopted New York’s analysis of 8 1 whether an intoxicated driver can recover against another party in a negligence 2 action, we conclude that the judgment entered by the district court would be affirmed. 3 Like New York, New Mexico has adopted a comparative fault analysis of tort claims. 4 See Scott v. Rizzo, 1981-NMSC-021 , ¶ 22, 96 N.M. 682 , 634 P.2d 1234 (adopting the 5 comparative fault rule), superseded in part by statute, N | 1 | 2015–2015 |
Matter of Estate of Heeter
green
2 sentences2014Because it is not the 16 purpose of this Court to correct errors that have no effect on the outcome of a case, In 17 re Estate of Heeter, 1992-NMCA-032 , ¶ 23, 113 N.M. 691 , 831 P.2d 990 , assignment 18 to the general calendar in order to review these purported disputes would serve no 19 purpose. 4 1 {6} The State’s memorandum in opposition also continues to assert that it was error 2 for the district court to apply the doctrine of comparative fault to Defendant’s conduct. 3 [MIO 6-7] However, for the reasons explained in our notice of summary disposition 4 [CN 4-5] (but not addressed in the 2014Because it is not the 16 purpose of this Court to correct errors that have no effect on the outcome of a case, In 17 re Estate of Heeter, 1992-NMCA-032 , ¶ 23, 113 N.M. 691 , 831 P.2d 990 , assignment 18 to the general calendar in order to review these purported disputes would serve no 19 purpose. 4 1 {6} The State’s memorandum in opposition also continues to assert that it was error 2 for the district court to apply the doctrine of comparative fault to Defendant’s conduct. 3 [MIO 6-7] However, for the reasons explained in our notice of summary disposition 4 [CN 4-5] (but not addressed in the | 1 | 2014–2014 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.
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.