BARTLETT v. NEW MEXICO WELDING SUPPLY, INC. Ct. of App. of N.M., 98 N.M. 152, 646 P.2d 579 (1982). CASE BRIEF

BARTLETT V. NEW MEXICO WELDING SUPPLY, INC.

Ct. of App. of N.M., 98 N.M. 152, 646 P.2d 579 (1982).

NATURE OF THE CASE: Bartlett (P) sought damages for personal injuries resulting from an automobile accident. Welding (D), one of two concurrent tortfeasors, appealed an order granting a new trial after the jury apportioned fault among the concurrent tortfeasors.

FACTS: P was involved in an auto accident. P was following an unidentified vehicle that signaled a right hand turn. The unidentified vehicle pulled into and then out of a service station. P slammed on her brakes and a truck owned by D rear ended her. P sued D. D defended on the grounds that it was the unknown driver who caused or was mostly at fault. The trial court instructed the jury: D is liable only for D's percentage of fault in causing the accident and any resulting damages and the total amount of damages to which P would otherwise be entitled shall be reduced in proportion to the percentage of P's negligence and/or the negligence of the unknown third party. The jury determined P's damages to be $100,000.00, that P was not negligent, that D was negligent, that D's negligence contributed to the accident and plaintiffs' damages to the extent of 30%, that the unknown driver was negligent and this negligence contributed to the accident and plaintiffs' damages to the extent of 70%. A motion to enter the judgment of $100,000 was not granted and a new trial was ordered. The trial court thought its jury instruction should not have been given and that a different result would have occurred had the jury known that D would have been responsible for the total damages under joint and several liability. D was granted an interlocutory appeal. New Mexico is a pure comparative negligence state.

ISSUE:

RULE OF LAW:

HOLDING AND DECISION:

LEGAL ANALYSIS:

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