Civil Jury Verdicts District Wide
CIVIL JURY VERDICTS IN THE ELEVENTH JUDICIAL DISTRICT COURTS
SAN JUAN COUNTY and McKINLEY COUNTY
Introduction. It is the aim of the Eleventh Judicial District Court to provide the members of the San Juan County and McKinley County Bar Associations with useful data reflecting damages awarded by juries in San Juan County. This summary of civil cases is based on a limited population of cases. The only cases digested herein are those which meet the following criteria: 1) damages were sought in the complaint and 2) a jury verdict was handed down.
The information below is restricted to a review of the Complaint and Verdict. Not reflected in this summary are amendments to the complaint or dismissals of parties, nor are further outcomes of appeals noted. For a fuller understanding of the legal theories and remedies sought in any given case, refer to the case file.
The section titled "Brief Facts" summarizes the factual allegations in the original complaint. "Verdict" details the jury award only, not fees or costs when awarded.
CIVIL JURY VERDICTS IN SAN JUAN COUNTY
1982 to 2001
*CASE SUMMARIES BY TYPE OF CASE*
82-797
Complaint for Wrongful Death
Brief Facts: A truck driven by Graves Oil employee crossed center line striking decedent's vehicle.
Cause of Action: Count I, negligence of driver; Count II, manufacturer's defective design of truck; Count III, manufacturer's defective design of rear suspension system.
Damages: medical, funeral, pain and suffering, loss of economic support, loss of services.
Verdict: $0.00
82-1976
Complaint to Recover Damages for Personal Injury and Wrongful Death
Brief Facts: Minor driver using father's car caused traffic accident while drag racing with another person.
Cause of Action: Count I, gross negligence of driver and father liable under family purpose doctrine; Count II, company and father liable for negligent entrustment; Count III, City of Farmington for recklessly maintaining streets; Count IV, companies liable for recklessly maintaining parking lot; Count V, other drag racing driver for gross negligence; Count VI, (wrongful death of fetus) liability of all defendants.
Damages: [Physical and mental injury and permanent impairment] medical, physical and emotional pain and suffering, loss of earnings and earning capacity, loss of consortium, loss of viable fetus, punitive damages. $1,000,000.
Verdict: $82,500. Plaintiff, 23% negligence. Defendant 1, 2% negligence. Defendant 2, 15% negligence. Defendant 3, 10% negligence. Defendant 4, 50% negligence.
84-159
Complaint to Recover Damages for Wrongful Death
Brief Facts: Decedent killed in parked auto when struck by drunk driver who was served drinks at bar.
Cause of Action: Count I, gross negligence of driver; Count II, gross negligence.
Damages: funeral, loss of earnings, services, consortium, punitive. Compensatory: $1,500,000; Punitive: $600,000.
Verdict: $0.00
84-93
Complaint to Recover Damages for Personal Injury
Brief Facts: Horse slipped and fell on plaintiff at the defendants' corral and arena.
Cause of Action: negligent construction and maintenance.
Damages: medical, loss of income, pain and suffering. $125,000.
Verdict: $0.00
84-674
Complaint to Recover Damages for Injury
Brief Facts: Rear end traffic accident.
Cause of Action: Negligence.
Damages: medical, pain and suffering, disability, loss of earnings.
Verdict: $0.00
84-840
Complaint to Recover Damages for Personal Injury and Property Damages
Brief Facts: Driver and passenger injured in traffic accident caused by defendant.
Cause of Action: Negligence; vicarious liability of employer.
Damages: property; medical; lost wages; pain and suffering; vocational rehab.
Verdict: $14,000. Percentage negligence: Plaintiff 28%; Driver; 36%; Employer 36%.
84-1060
Complaint for Personal Injury
Brief Facts: Plaintiff suffered physical injury in traffic injury.
Cause of Action: Negligence.
Damages: Loss of income, humiliation and embarrassment, medical expenses, loss of ability to perform household services. $150,000.
Verdict: $3,500. Defendant 70% negligent.
85-69
Complaint to Recover Damages for Injury
Brief Facts: Plaintiff was summarily discharged from employment contrary to terms of certain policy guide.
Cause of Action: Breach of implied contract; sex discrimination and harassment.
Damages: Loss of income, loss of business reputation and opportunities; emotional distress. $160,000.
Verdict: $41,590.
85-281
Complaint for Damages for Personal Injury
Brief Facts: Natural gas rig accident.
Cause of Action: Negligence; ultra hazardous business; negligent entrustment.
Damages: Pain and suffering, permanent physical and emotional injuries; loss of earning. $140,000.
Verdict: $125,000.
85-543
Complaint to Recover Damages for Personal Injury
Brief Facts: Plaintiff injured in traffic accident.
Cause of Action: Negligence and gross negligence.
Damages: Pain and suffering, permanent injuries, loss of wages, impairment of earning ability. $250,000 compensatory; $250,000 punitive damages.
Verdict: $30,000. Plaintiff 20% negligent; defendant 80% negligent.
85-718
Complaint for Personal Injuries
Brief Facts: Plaintiff suffered physical injury and property damage in traffic accident.
Cause of Action: Negligence.
Damages: [Multiple plaintiffs] Physical injury and property damages. $97,000.
Verdict: [To one plaintiff] $2,000. Defendant 25% negligent.
85-753
Complaint to Recover Damages for Personal Injury
Brief Facts: Plaintiff fell on steps of defendant's mobile home; unknown object on step. Plaintiff fractured ankle.
Cause of Action: Negligence.
Damages: Pain and suffering, medical, permanent disability. $100,000.
Verdict: $0.00
85-776
Complaint to Recover Damages for Injury
Brief Facts: Traffic accident.
Cause of Action: Negligence.
Damages: Injury to head and back, humiliation, property damage. $40,000.
Verdict: $1,425. [Six person jury.]
85-893
Complaint to Recover Damages for Injury
Brief Facts: Unprovoked physical attack on plaintiff.
Cause of Action: Assault and battery. Willful attack.
Damages: Broken nose, blackened eye, fractured cheek, numb cheek. $10,000 compensatory; $20,000 punitive.
Verdict: $2,500.
86-559
Complaint for Damages as a Result of Personal Injury
Brief Facts: Traffic accident.
Cause of Action: Count I, negligence and respondeat superior; Count II, [wife] loss of services and support.
Damages: Pain and suffering, medical, loss of income, reduced earning capacity. Count I, $50,000; Count II, $10,000.
Verdict: Count I, $45,773.50.
85-1014
Complaint for Damages as a Result of Personal Injury, Property Damages, and Punitive Damages
Brief Facts: Traffic accident.
Cause of Action: Negligence and gross negligence.
Damages: Lacerations, etc., to left arm, injury to face, severe headaches, plus $100,000 punitive.
Verdict: $1,000 compensatory; $2,000 punitive.
86-1034
Complaint for Damages for Personal Injury
Brief Facts: Traffic accident.
Cause of Action: Negligence.
Damages: Pain and suffering, medical, lost wages, permanent handicap. $150,000.
Verdict: $18,000.
86-864
Complaint to Recover Damages for Injury
Brief Facts: Defendant built roadway changing course of water in arroyo.
Cause of Action: Nuisance; negligence.
Damages: Property damage, $50,000.
Verdict: Plaintiff 1, $5,000; plaintiff 25% negligence; defendant 755 negligence. Plaintiff 2, $100. Plaintiff 3, $570. Plaintiff 4, $4,050.
87-248
Complaint to Recover Damages for Injury
Brief Facts: Traffic accident.
Cause of Action: Negligence.
Damages: Pain and suffering, medical, lost wages, loss of services, property damage. $50,000.
Verdict: Plaintiff 1, $607.88. Plaintiff 2, $10,000.
87-441
Complaint to Recover Damages for Wrongful Death, Personal Injury, and Property Damage
Brief Facts: Highway department failed to sand snow packed road. Traffic accident. Child killed; others injured.
Cause of Action: Negligence; wrongful death.
Damages: Pain and suffering, mental anguish, loss of services, medical, property. Estate: $500,000. Parents: $405,553.87. Wife: $35,000. Children: $10,337. Automobile: $3,080.
Verdict: $0.00
87-506
Complaint to Recover Damages for Personal Injury
Brief Facts: Plaintiff loading railroad ties with help of yard hand; caught leg on roll of chain link and fell backwards on buttocks, rupturing disk.
Cause of Action: Negligence of store, manager, and yard hands.
Damages: Pain and suffering, medical, loss of services, permanent disability.
Verdict: $25,000. Plaintiff 40% negligence. Defendant 60% negligence.
87-844
Complaint to Recover Damages for Personal Injury
Brief Facts: Automobile accident.
Cause of Action: Count I, Negligence; Count II, negligent entrustment; Count III, Gross negligence; Count IV, subrogation.
Damages: Head, neck, back injuries, pain and suffering, medical, loss of earning capacity, emotional distress.
Verdict: $35,000.
87-959
Complaint for Damages for Personal Injury
Brief Facts: Traffic accident.
Cause of Action: Negligence.
Damages: Physical injuries, pain and suffering, loss of enjoyment, permanent poor health.
Verdict: $68,000.
87-990
Complaint to Recover Damages for Personal Injury
Brief Facts: While walking in the aisle of defendant's store, plaintiff was injured by a golf bag falling on shoulder.
Cause of Action: Negligence.
Damages: Pain and suffering, medical, permanent disability, loss of wage earning capacity.
Verdict: $700.00.
88-485
Complaint to Recover Damages for Personal Injury
Brief Facts: Traffic accident.
Cause of Action: Negligence.
Damages: Injuries to neck, pain and suffering, medical, loss of earnings and earning capacity. Property damage, $1,932.28.
Verdict: $25,625.
88-540-3
Complaint for Personal Injuries from Defective Product
Brief Facts: A worker was injured when a wrench broke causing him to fall 4 - 5 feet to the ground.
Cause of Action: Product liability.
Damages: Past, present, future loss of earnings, medical, and pain and suffering; permanent impairment; loss of enjoyment of life.
Verdict: $282,487.00
88-861
Complaint for Damages for Personal Injury
Brief Facts: Plaintiff was guest in home of defendant; struck knee on material behind door and fell.
Cause of Action: Negligence.
Damages: Pain and suffering, medical, future medical, handicap.
Verdict: $12,000. Plaintiff, 75% negligent. Defendant, 25% negligent.
89-139
Complaint for Personal Injury
Brief Facts: Traffic accident.
Cause of Action: Negligence.
Damages: Neck and shoulder injury, pain and suffering, medical, permanent impairment.
Verdict: $0.00
89-407
Complaint for Damages Due to Personal Injury
Brief Facts: Traffic accident.
Cause of Action: Negligence.
Damages: neck injury requiring surgery, pain and suffering, loss of enjoyment, medical, future medical, loss of earnings, loss of earning capacity.
Verdict: $120,000. Plaintiff, 50% negligent. Defendant, 50% negligent.
91-72
Complaint to Recover Damages for Personal Injuries
Brief Facts: A passenger was injured in an automobile accident caused by defendant driver of vehicle owned by defendant company.
Cause of Action: Negligence and negligent entrustment.
Damages: Medical, pain and suffering, loss of earnings and future earnings.
Verdict: $0.00
91-625-3
Complaint for Damages for Personal Injury and Property Damage under the New Mexico Tort Claims Act
Brief Facts: Improper U-turn of the defendant caused a car crash with the plaintiff.
Cause of Action: Negligence.
Damages: Past and future pain and suffering; medical costs; loss of earnings and capacity; property damage; loss of enjoyment.
Verdict: $0
91-628
Complaint for Damages for Injury
Brief Facts: The parent went into a store with their son who tripped over a pallet of goods stored improperly, and not displayed in an aisle. The son was injured.
Cause of Action: Negligence
Damages: Personal injury, medical costs.
Verdict: $70,000.00; fault of Walmart / 20%; fault of son / 80%
91-711-1
Complaint for Damages as a Result of Personal Injury and Property Damage
Brief Facts: The defendant's negligence cause a car crash with the plaintiff.
Cause of Action: Negligence.
Damages: Past and future pain and suffering impairment, medical costs, loss of income and earning capacity.
Verdict: $25,000
91-759
Complaint for Personal Injuries and Property Damages
Brief Facts: An employee driving a company truck caused a car accident resulting in injury to the plaintiff and her son and totaling the car.
Cause of Action: Negligence and vicarious liability
Damages: Medical; pain and suffering
Verdict: $0
92-706
Complaint for Personal Injury Damages
Brief Facts: In a horse racing accident a jockey was injured when she fell, into the inside rail at the race track.
Cause of Action: Negligent operation and maintenance of parks
Damages: Medical costs, earnings; pain and suffering
Verdict: $93,500.00
93-129
Complaint for Personal Injury and Damages
Brief Facts: The plaintiff slipped on spilled dry dog food on the floor of the defendant's store.
Cause of Action: Negligence.
Damages: Past and future medical costs, pain and suffering, lost earnings and earning capacity, loss of enjoyment of life, loss of household services.
Verdict: $15,000 [Fault: 35% plaintiff; 15% defendant; 50% unknown tortfeasor]
93-652
Complaint for Personal Injuries
Brief Facts: The plaintiff slipped and fell on an icy ramp outside the store.
Cause of Action: Negligence.
Damages: Permanent injury; past, present, future medical impairment, pain and suffering, medical costs; emotional distress; loss of earnings; loss of activities of daily living.
Verdict: $18,000 [plaintiff 50% negligent = award, $9,000]
94-257-1
Complaint for Personal Injuries
Brief Facts: The defendant rear-ended the plaintiff's car.
Cause of Action: Negligence.
Damages: Past and future pain and suffering and medical costs; loss of earning capacity.
Verdict: $4,400.00
94-298-4
Complaint for Damages for Personal Injury
Brief Facts: The defendant rear-ended the plaintiff's car.
Cause of Action: Negligence; violation of ordinance.
Damages: Personal injuries; past and future: pain and suffering; loss of household services; loss of enjoyment of life; medical expenses.
Verdict: $0
95-230
Complaint for Personal Injuries
Brief Facts: The defendant rear-ended plaintiff's car.
Cause of Action: Negligence.
Damages: past and future pain and suffering, medical costs, loss of earning capacity, loss of wages.
Verdict: Compensatory, $1,066.05; punitive, $1,500
98-196
Complaint for Damages as a Result of Personal Injury
Brief Facts: The Plaintiff was injured in a vehicle accident.
Cause of Action: Negligence
Damages: Medical, future medical, loss of income and earning capacity, loss of consortium, pain and suffering
Directed Verdict: for medical, $6,784
Verdict: $47,500; Total $54,284.01
98-240
Complaint for Damages for Personal Injury
Brief Facts: The Plaintiff was injured in a vehicle accident.
Cause of Action: Negligence
Damages: Property, medical, pain and suffering
Verdict: $0
572
Complaint for Personal Injury
Brief Facts: A baseball backstop at an Aztec park fell on the plaintiff.
Cause of Action: Failure to maintain.
Damages: Pain and suffering; $17,000 medical costs; prevented from usual occupation; household duties; disfigured
Verdict: $12,500
98-1065
Complaint to Recover Damages for Personal Injury
Brief Facts: Car crash
Cause of Action: Negligence, respondeat superior
Damages: Medical, loss of earnings, pain and suffering
Verdict: $5,629.66 [20% fault, Plaintiff; 80 % fault, Defendant]
2000-334
Complaint to Recover Damages for Personal Injury
Brief Facts: Car crash
Cause of Action: Negligence,
Damages: Medical, pain and suffering, non-medical; loss of consortium; liability of insurance company
Verdict: $18,500
342
Complaint for Damages as a Result of Personal Injury
Brief Facts: Car crash
Cause of Action: Negligence
Damages: Past and future medical, loss of income and earning capacity, pain and suffering
Verdict: $0
95-230
Complaint for Personal Injuries
Brief Facts: Rear end car crash
Cause of Action: Negligence
Damages: Past and future medical, loss of income and earning capacity, pain and suffering
Verdict: Compensatory $10,300; punitive damages $3,000
99-128
Complaint to Recover Damages for Personal Injuries
Brief Facts: Car crash
Cause of Action: Negligence
Damages: Medical, non-medical, pain and suffering
Verdict: $10,000
99-465
Complaint to Recover Damages for Personal Injuries
Brief Facts: Car crash
Cause of Action: Negligence, negligent entrustment
Damages: Medical, loss of income and earning capacity, permanent impairment, pain and suffering
Verdict: $53,500
923
Complaint for Personal Injury
Brief Facts: Plaintiff tripped on a raised shelf at the defendant's business and fell.
Cause of Action: Premises liability; negligence;
Damages: Past and future medical; pain and suffering; emotional distress; lost income and earning capacity.
Verdict: $60,000. 50% Plaintiff fault; 50% Defendant fault
954
Complaint for Damages for Personal Injury
Brief Facts: At the Top Deck a bouncer threw another patron against the plaintiff, causing injury.
Cause of Action: Premises Liability; Negligent Failure to Provide Adequate Security; Negligent Hiring; Negligent Retention; Negligent Supervision; Negligence; Assault and Battery
Damages: Medical $19,000; injury to body and mind
Verdict: $0
97-321
Complaint to Recover Damages for Personal Injury
Brief Facts: Car struck a pedestrian.
Cause of Action: Negligence; Negligence per se; Negligent Entrustment
Damages: Compensatory and punitive
Verdict: $25,000; 25% fault, Plaintiff; 75% fault, Defendant
97-669
Complaint for Damages for Personal Injury
Brief Facts: Car crash at a street light.
Cause of Action: Negligence; negligent entrustment
Damages: Medical, embarrassment; loss of hedonic pleasure; loss of earning capacity; property damage; loss of conjugal rights
Verdict: $900.00 and $1,715
97-93
Complaint to Recover Damages for Personal Injury
Brief Facts: Plaintiff slipped and fell on ice cream on the floor of the store.
Cause of Action: Premises liability; negligence
Damages: Past and present medical; pain and suffering; disability; loss of earning capacity; loss of consortium
Verdict: $34,500 and $5,000; 90% fault, defendant; 10%, unknown person
98-762
Complaint to Recover Damages for Personal Injuries
Brief Facts: Rear-ending car crash
Cause of Action: Negligence
Damages: Medical; pain and suffering; loss of earnings
Verdict: $8,000
99-915
Complaint to Recover Damages for Personal Injury
Brief Facts: Car crash
Cause of Action: Negligence
Damages: Past and future medical, emotional distress, pain and suffering, loss of income and earning capacity
Verdict: $8,000
83-198
Complaint to Recover Damages for Malpractice
Brief Facts: Physician perforated plaintiff's bowel during surgery, failed to discover and repair injury, and released plaintiff from hospital while gravely ill.
Cause of Action: Count I, negligence (bowel perforation during operation); Count II, lack of informed consent; Count III, negligent early release; Count IV, gross negligence; Count V, negligence of hospital.
Damages: medical, physical and mental pain and suffering, punitive damages.
Verdict: $0.00
83-1099
Complaint to Recover Damages for Malpractice
Brief Facts: A chiropractor treated the plaintiff for a separated joint without referring him to a medical doctor.
Cause of Action: negligence.
Damages: [permanent physical impairment] medical, pain and suffering, past and future lost wages. $500,000
Verdict: $0.00
84-1020
Complaint to Recover Damages for Malpractice
Brief Facts: Physician removed growth from plaintiff's neck and severed left accessory nerve in neck.
Cause of Action: Medical malpractice.
Damages: $500,000
Verdict: $0.00
86-982
Complaint for Medical Malpractice
Brief Facts: Plaintiff underwent surgery for oophorectomy and appendectomy; undetected and untreated pelvic infection led to stroke.
Cause of Action: Malpractice and gross negligence.
Damages: Stroke, paralysis, brain dysfunction, speech impairment, [husband] loss of services, $500,000 punitive.
Verdict: $0.00
87-1070
Complaint for Malpractice
Brief Facts: Plaintiff, an amputee, suffered fracture of thigh bone because doctor misaligned the prosthesis.
Cause of Action: Malpractice.
Damages: Total disability.
Verdict: $0.00
90-98
Complaint for Medical Malpractice
Brief Facts: During upper GI endoscopy, doctor perforated plaintiff's esophagus.
Cause of Action: Malpractice.
Damages: Pain and suffering, disability, partial loss of voice, medical.
Verdict: $0.00.
93-20-3
Complaint for Medical Malpractice
Brief Facts: A woman who broke her ankle was diagnosed with severe sprain, and she received no referral to a specialist leading to changes that prevented corrective surgery.
Cause of Action: Failure to diagnose
Damages: lost earnings, future income; pain and suffering, emotion injury; medical
Verdict: $100,000
98-362
Complaint for Damages for Accountant Malpractice, Negligent Misrepresentation, Constructive Fraud, Breach of Contract, Breach of the Covenant of Good Faith and Fair Dealing, Unfair Practices and Securities Fraud
Brief Facts: Accountant gave bad advice to plaintiffs concerning purchase of a business.
Cause of Action: Accountant Malpractice, Negligent Misrepresentation, Constructive Fraud, Breach of Contract, Breach of the Covenant of Good Faith and Fair Dealing, Unfair Practices and Securities Fraud
Damages: Compensatory, punitive
Verdict: $100,000
89-557
Complaint for Damages
Brief Facts: Plaintiff slipped and fell on wet floor in supermarket.
Cause of Action: Negligence.
Damages: Pain and suffering, medical, future medical, loss of enjoyment of life. Verdict: $0.00
89-701-3
Complaint for Damages
Brief Facts: The plaintiff was stopped at an intersection, and the defendant rear-ended his car.
Cause of Action: Negligence.
Damages: Past, present, future medical damages.
Verdict: $0
84-249
Complaint for Damages (Subrogation)
Brief Facts: Automobile accident by minor driver using parent's car; insurer of other party paid out $936 for repairs and $40,168 annuity for wife of insured.
Cause of Action: Count I, negligence of driver; Count II, family purpose liability against father; Count III, liability of parents jointly.
Damages: $41,104.
Verdict: $10,000
86-356
Complaint to Recover Damages for Battery and for Assault with a Deadly Weapon
Brief Facts: Fight in which defendant threatened plaintiff with a gun and bit off ear.
Cause of Action: Count I, battery; Count II, assault with a firearm.
Damages: Pain and suffering, medical, permanent disfigurement. Battery: $10,000 pain and suffering; $10,000 other losses; $10,000 punitive. Assault: $10,000 punitive.
Verdict: $15,000. Plaintiff's fault 25%; defendant's fault 75%.
86-452
Complaint for Damages
Brief Facts: Plaintiff was required to attend alcohol screening by defendant employer; as result of early discharge from residential treatment, plaintiff was discharged from employment.
Cause of Action: Count I, negligence or intentional misrepresentation by defendant hospital/employee; Count II, interference with contractual relations; Count III, invasion of privacy by release of information; Count IV, malpractice; Count V, libel and slander.
Damages: Emotional distress and loss of employment. $500,000 compensatory and $500,000 punitive for each count.
Verdict: Against Public Service Co., $200,000 compensatory and $44,000 punitive; against San Juan Regional Medical, $100,000 compensatory and $75,000 punitive; against Scott Davy, $75,000 punitive.
86-674
Complaint for Damages (Negligence-Fire)
Brief Facts: Fire burned plaintiff's building and motor cycle repair inventory.
Cause of Action: Negligence.
Damages: Building, $15,472.84; inventory, $38,194.17.
Verdict: $3,900.
87-286
Complaint for Damages
Brief Facts: Traffic accident.
Cause of Action: Negligence.
Damages: Pain and suffering, medical, loss of income and earning capacity.
Verdict: $6,635.
87-487
Complaint for Damages
Brief Facts: Traffic accident.
Cause of Action: Negligence.
Damages: Pain and suffering, medical, loss of income and earning capacity.
Verdict: Plaintiff 1, $664.80. Plaintiff 2, $168.05.
87-1025
Complaint for Damages
Brief Facts: Jockey fell from horse into guardrail during race.
Cause of Action: Negligence.
Damages: Pain and suffering, medical, loss of income and earning capacity.
Verdict: $400,000.
89-557
Complaint for Damages
Brief Facts: Plaintiff slipped and fell on wet floor in supermarket.
Cause of Action: Negligence.
Damages: Pain and suffering, medical, future medical, loss of enjoyment of life.
Verdict: $0.00
89-701-3
Complaint for Damages
Brief Facts: The plaintiff was stopped at an intersection, and the defendant rear-ended his car.
Cause of Action: Negligence.
Damages: Past, present, future medical damages.
Verdict: $0
92-77
Complaint for Property Damage
Brief Facts: Defendant's employee had a vehicle accident in the truck and trailer he was driving, causing the loss of the vehicles and equipment being transported.
Cause of Action: Negligence.
Damages: Property damage; costs of replacement and delays.
Verdict: $41,232.50
93-132-4
Complaint for Damages
Brief Facts: The defendant, a supervisor, made sexual demands on the plaintiff, an employee, and when the company learned of the matter, it terminated the plaintiff.
Cause of Action: Breach of employment agreement; breach of implied covenant of good faith and fair dealing; intentional infliction of emotional distress.
Damages: Front and back pay; emotional distress; punitive damages.
Verdict: $47,500; subsequently dismissed on joint motion of plaintiff and defendant.
589
Complaint for Damages for Property Damages
Brief Facts: A boy driving on a revoked license was stopped and arrested by Bloomfield police. The car was released to others and was subsequently totaled in an accident.
Cause of Action: Negligence.
Damages: $6,000
Verdict: $633 [25% each: City of Bloomfield, defendant #1, defendant #2, unknown defendant]
98-542
Complaint for Money Damages
Brief Facts: The defendant is alleged to have wrongfully terminated a remediation contract to clean production pits at oil and gas well locations.
Cause of Action: Breach of Contract; Prima Facie Tort; Breach of Implied Covenant of Fair Dealing; Punitive Damages
Damages: Compensatory and punitive
Verdict: $25,000; punitive damages $1,500,000
84-418
Complaint for Negligence
Brief Facts: In constructing highway, highway department left irrigation ditches inaccessible and useless causing them to over-flow and ruin farm land.
Cause of Action: Negligence.
Damages: $88,203.15
Verdict: $0.00
84-633
Notice of Appeal on Complaint for Retaliatory Firing
Brief Facts: Appeal of New Mexico Human Rights Commission verdict; plaintiff fired by employer.
Cause of Action: Count I, Defamation; Count II, Employment Discrimination; Count III, Retaliatory Discharge
Damages: [Refer to file.]
Verdict: $10,000 on Count I.
87-340
Petition for Condemnation
Brief Facts: Petitioner sought to acquire property by condemnation for road improvements.
Cause of Action: Eminent domain.
Damages: Offered compensation to second defendant was $450.
Verdict: Compensation to second defendant, $550.
87-877
Complaint for Damages from Negligence
Brief Facts: Traffic accident with multiple vehicles.
Cause of Action: Negligence.
Damages: Pain and suffering, medical, permanent injury, loss of income, loss of life's enjoyment.
Verdict: Plaintiff 1, $8,643.19. Negligence: Defendant 1, 58.5%, Defendant 2, 31.5%, Defendant 3, 10%.
92-250-4
Complaint for Damages for Assault and Battery, Intentional Infliction of Emotional Distress, and for Negligence
Brief Facts: The defendant pulled down the plaintiff's pants at a volleyball game in front of a large crowd.
Cause of Action: Assault and battery; intentional infliction of emotional distress ; negligent hiring and supervision.
Damages: extreme emotional distress; loss of wages and earning capacity; loss of reputation and dignity; punitive damages.
Verdict: $0
93-250-1
Complaint for Replevin and Conversion of Personal Property
Brief Facts: The plaintiffs, man and wife, moved into the home of the wife's parents; when they moved out again, the parents urged them to leave their personal property there for safe keeping. When the plaintiffs moved into their new home, the defendants refused to return their personal property. The defendant sold various items of the property.
Cause of Action: Replevin; conversion.
Damages: Value of the property; punitive damages.
Verdict: Compensatory damages, $11,246.68; return of gun; punitive damages, $5,000.
93-458-1
Complaint for Damages Arising from Discrimination (Appeal from Determination of Human Rights Division)
Brief Facts: An electrician injured by high voltage was terminated by his employer.
Cause of Action: Failure to rehire; retaliation for filing charge
Damages: Lost wages, etc.
Verdict: $0
93-356
Complaint for Damages from Malicious Prosecution and Abuse of Process
Brief Facts: The defendant filed lawsuits to silence the plaintiff and his lawsuit.
Cause of Action: Malicious prosecution, abuse of process
Damages: Compensatory, harm to reputation and ability to secure employment, loss of income, emotional distress, punitive damages
Verdict: $0, directed Verdict for Defendant
95-103
Complaint for Violation of Human Rights Act
Brief Facts: Complainant was terminated from employment for medical disability and claimed he could still perform duties.
Cause of Action: Violation of Human Rights Act
Damages: Lost wages, attorney fees
Verdict: $0
84-29
Complaint on a Contract
Brief Facts: Parties entered into contract to build multi-unit apartment; structural damage appeared within six months.
Cause of Action: Breach of contract and negligence.
Damages: $52,000.
Verdict: $37,000.
85-243
Complaint on Contract
Brief Facts: Plaintiff represented defendants as legal counsel on auto accident in which contingency fee was 25% of $100,000 settlement.
Cause of Action: Breach of contract.
Damages: $33,000.
Verdict: $10,000.
85-768
Claim for Breach of Contract
Brief Facts: A business was purchased but not fully paid for.
Cause of Action: Breach of contract
Damages: Remainder of purchase price.
Verdict: Against Defendant 1, $25,000. Against Defendant 2, $241,258. compensatory; $25,000 Punitive.
93-337
Complaint for Breach of Contract, Breach of Fiduciary Duty, Rescission, Damages, Tort, Fraud, Intentional or Negligent Misrepresentation and Unfair Trade Practices
Brief Facts: The Plaintiffs' property began to become water-logged after the City established a park with sod and watering system nearby. The City's acts are alleged to have caused the damage. Cause of Action: (See above.) Damages: property damage; punitive damages; treble damages Verdict: $0
*CASE SUMMARIES BY YEAR*
1982 to 2001
82-797
Complaint for Wrongful Death
Brief Facts: A truck driven by Graves Oil employee crossed center line striking decedent's vehicle.
Cause of Action: Count I, negligence of driver; Count II, manufacturer's defective design of truck; Count III, manufacturer's defective design of rear suspension system.
Damages: medical, funeral, pain and suffering, loss of economic support, loss of services.
Verdict: $0.00
82-1976
Complaint to Recover Damages for Personal Injury and Wrongful Death
Brief Facts: Minor driver using father's car caused traffic accident while drag racing with another person.
Cause of Action: Count I, gross negligence of driver and father liable under family purpose doctrine; Count II, company and father liable for negligent entrustment; Count III, City of Farmington for recklessly maintaining streets; Count IV, companies liable for recklessly maintaining parking lot; Count V, other drag racing driver for gross negligence; Count VI, (wrongful death of fetus) liability of all defendants.
Damages: [Physical and mental injury and permanent impairment] medical, physical and emotional pain and suffering, loss of earnings and earning capacity, loss of consortium, loss of viable fetus, punitive damages. $1,000,000.
Verdict: $82,500. P, 23% negligence. D1, 2% negligence. D2, 15% negligence. D3, 10% negligence. D4, 50% negligence.
83-198
Complaint to Recover Damages for Malpractice
Brief Facts: Physician perforated plaintiff's bowel during surgery, failed to discover and repair injury, and released plaintiff from hospital while gravely ill.
Cause of Action: Count I, negligence (bowel perforation during operation); Count II, lack of informed consent; Count III, negligent early release; Count IV, gross negligence; Count V, negligence of hospital.
Damages: medical, physical and mental pain and suffering, punitive damages.
Verdict: $0.00
83-1099
Complaint to Recover Damages for Malpractice
Brief Facts: A chiropractor treated the plaintiff for a separated joint without referring him to a medical doctor.
Cause of Action: negligence.
Damages: [permanent physical impairment] medical, pain and suffering, past and future lost wages. $500,000
Verdict: $0.00
Brief Facts: Parties entered into contract to build multi-unit apartment; structural damage appeared within six months.
Cause of Action: Breach of contract and negligence.
Damages: $52,000.
Verdict: $37,000.
84-93
Complaint to Recover Damages for Personal Injury
Brief Facts: Horse slipped and fell on plaintiff at the defendants' corral and arena.
Cause of Action: negligent construction and maintenance.
Damages: medical, loss of income, pain and suffering. $125,000.
Verdict: $0.00
84-159
Complaint to Recover Damages for Wrongful Death
Brief Facts: Decedent killed in parked auto when struck by drunk driver who was served drinks at bar.
Cause of Action: Count I, gross negligence of driver; Count II, gross negligence.
Damages: funeral, loss of earnings, services, consortium, punitive.
Compensatory: $1,500,000; Punitive: $600,000. Verdict: $0.00
84-249
Complaint for Damages (Subrogation)
Brief Facts: Automobile accident by minor driver using parent's car; insurer of other party paid out $936 for repairs and $40,168 annuity for wife of insured.
Cause of Action: Count I, negligence of driver; Count II, family purpose liability against father; Count III, liability of parents jointly.
Damages: $41,104.
Verdict: $10,000
84-418
Complaint for Negligence
Brief Facts: In constructing highway, highway department left irrigation ditches inaccessible and useless causing them to over-flow and ruin farm land.
Cause of Action: Negligence.
Damages: $88,203.15
Verdict: $0.00
84-633
Notice of Appeal on Complaint for Retaliatory Firing
Brief Facts: Appeal of New Mexico Human Rights Commission verdict; plaintiff fired by employer.
Cause of Action: Count I, Defamation; Count II, Employment Discrimination; Count III, Retaliatory Discharge
Damages: [Refer to file.]
Verdict: $10,000 on Count I.
84-674
Complaint to Recover Damages for Injury
Brief Facts: Rear end traffic accident.
Cause of Action: Negligence.
Damages: medical, pain and suffering, disability, loss of earnings.
Verdict: $0.00
84-840
Complaint to Recover Damages for Personal Injury and Property Damages
Brief Facts: Driver and passenger injured in traffic accident caused by defendant.
Cause of Action: Negligence; vicarious liability of employer.
Damages: property; medical; lost wages; pain and suffering; vocational rehab.
Verdict: $14,000. Percentage negligence: Plaintiff 28%; Driver; 36%; Employer 36%.
84-1020
Complaint to Recover Damages for Malpractice
Brief Facts: Physician removed growth from plaintiff's neck and severed left accessory nerve in neck.
Cause of Action: Medical malpractice.
Damages: $500,000
Verdict: $0.00
84-1060
Complaint for Personal Injury
Brief Facts: Plaintiff suffered physical injury in traffic injury.
Cause of Action: Negligence.
Damages: Loss of income, humiliation and embarrassment, medical expenses, loss of ability to perform household services. $150,000.
Verdict: $3,500. Defendant 70% negligent.
85-69
Complaint to Recover Damages for Injury
Brief Facts: Plaintiff was summarily discharged from employment contrary to terms of certain policy guide.
Cause of Action: Breach of implied contract; sex discrimination and harassment.
Damages: Loss of income, loss of business reputation and opportunities; emotional distress. $160,000.
Verdict: $41,590.
85-243
Complaint on Contract
Brief Facts: Plaintiff represented defendants as legal counsel on auto accident in which contingency fee was 25% of $100,000 settlement.
Cause of Action: Breach of contract.
Damages: $33,000.
Verdict: $10,000.
85-281
Complaint for Damages for Personal Injury
Brief Facts: Natural gas rig accident.
Cause of Action: Negligence; ultra hazardous business; negligent entrustment.
Damages: Pain and suffering, permanent physical and emotional injuries; loss of earning. $140,000.
Verdict: $125,000.
85-543
Complaint to Recover Damages for Personal Injury
Brief Facts: Plaintiff injured in traffic accident.
Cause of Action: Negligence and gross negligence.
Damages: Pain and suffering, permanent injuries, loss of wages, impairment of earning ability. $250,000 compensatory; $250,000 punitive damages.
Verdict: $30,000. Plaintiff 20% negligent; defendant 80% negligent.
85-718
Complaint for Personal Injuries
Brief Facts: Plaintiff suffered physical injury and property damage in traffic accident.
Cause of Action: Negligence.
Damages: [Multiple plaintiffs] Physical injury and property damages. $97,000.
Verdict: [To one plaintiff] $2,000. Defendant 25% negligent.
85-753
Complaint to Recover Damages for Personal Injury
Brief Facts: Plaintiff fell on steps of defendant's mobile home; unknown object on step. Plaintiff fractured ankle.
Cause of Action: Negligence.
Damages: Pain and suffering, medical, permanent disability. $100,000.
Verdict: $0.00
85-768
Claim for Breach of Contract
Brief Facts: A business was purchased but not fully paid for.
Cause of Action: Breach of contract
Damages: Remainder of purchase price.
Verdict: Against D1, $25,000. Against D2, $241,258.00 compensatory; $25,000 Punitive.
85-776
Complaint to Recover Damages for Injury
Brief Facts: Traffic accident.
Cause of Action: Negligence.
Damages: Injury to head and back, humiliation, property damage. $40,000.
Verdict: $1,425. [Six person jury.]
85-893
Complaint to Recover Damages for Injury
Brief Facts: Unprovoked physical attack on plaintiff.
Cause of Action: Assault and battery. Willful attack.
Damages: Broken nose, blackened eye, fractured cheek, numb cheek. $10,000 compensatory; $20,000 punitive.
Verdict: $2,500.
85-1014
Complaint for Damages as a Result of Personal Injury, Property Damages, and Punitive Damages
Brief Facts: Traffic accident.
Cause of Action: Negligence and gross negligence.
Damages: Lacerations, etc., to left arm, injury to face, severe headaches, plus $100,000 punitive.
Verdict: $1,000 compensatory; $2,000 punitive.
86-356
Complaint to Recover Damages for Battery and for Assault with a Deadly Weapon
Brief Facts: Fight in which defendant threatened plaintiff with a gun and bit off ear.
Cause of Action: Count I, battery; Count II, assault with a firearm.
Damages: Pain and suffering, medical, permanent disfigurement. Battery: $10,000 pain and suffering; $10,000 other losses; $10,000 punitive. Assault: $10,000 punitive.
Verdict: $15,000. Plaintiff's fault 25%; defendant's fault 75%.
86-452
Complaint for Damages
Brief Facts: Plaintiff was required to attend alcohol screening by defendant employer; as result of early discharge from residential treatment, plaintiff was discharged from employment.
Cause of Action: Count I, negligence or intentional misrepresentation by defendant hospital/employee; Count II, interference with contractual relations; Count III, invasion of privacy by release of information; Count IV, malpractice; Count V, libel and slander.
Damages: Emotional distress and loss of employment. $500,000 compensatory and $500,000 punitive for each count.
Verdict: Against Public Service Co., $200,000 compensatory and $44,000 punitive; against San Juan Regional Medical, $100,000 compensatory and $75,000 punitive; against Scott Davy, $75,000 punitive.
86-559
Complaint for Damages as a Result of Personal Injury
Brief Facts: Traffic accident.
Cause of Action: Count I, negligence and respondeat superior; Count II, [wife] loss of services and support.
Damages: Pain and suffering, medical, loss of income, reduced earning capacity. Count I, $50,000; Count II, $10,000.
Verdict: Count I, $45,773.50.
86-674
Complaint for Damages (Negligence-Fire)
Brief Facts: Fire burned plaintiff's building and motor cycle repair inventory.
Cause of Action: Negligence.
Damages: Building, $15,472.84; inventory, $38,194.17.
Verdict: $3,900.
86-864
Complaint to Recover Damages for Injury
Brief Facts: Defendant built roadway changing course of water in arroyo.
Cause of Action: Nuisance; negligence.
Damages: Property damage, $50,000.
Verdict: P1, $5,000; plaintiff 25% negligence; defendant 755 negligence. P2, $100. P3, $570. P4, $4,050.
86-982
Complaint for Medical Malpractice
Brief Facts: Plaintiff underwent surgery for oophorectomy and appendectomy; undetected and untreated pelvic infection led to stroke.
Cause of Action: Malpractice and gross negligence.
Damages: Stroke, paralysis, brain dysfunction, speech impairment, [husband] loss of services, $500,000 punitive.
Verdict: $0.00
86-1034
Complaint for Damages for Personal Injury
Brief Facts: Traffic accident.
Cause of Action: Negligence.
Damages: Pain and suffering, medical, lost wages, permanent handicap. $150,000.
Verdict: $18,000.
87-248
Complaint to Recover Damages for Injury
Brief Facts: Traffic accident.
Cause of Action: Negligence.
Damages: Pain and suffering, medical, lost wages, loss of services, property damage. $50,000.
Verdict: P1, $607.88. P2, $10,000.
87-286
Complaint for Damages
Brief Facts: Traffic accident.
Cause of Action: Negligence.
Damages: Pain and suffering, medical, loss of income and earning capacity.
Verdict: $6,635.
87-340
Petition for Condemnation
Brief Facts: Petitioner sought to acquire property by condemnation for road improvements.
Cause of Action: Eminent domain.
Damages: Offered compensation to second defendant was $450.
Verdict: Compensation to second defendant, $550.
87-441
Complaint to Recover Damages for Wrongful Death, Personal Injury, and Property Damage
Brief Facts: Highway department failed to sand snow packed road. Traffic accident. Child killed; others injured.
Cause of Action: Negligence; wrongful death.
Damages: Pain and suffering, mental anguish, loss of services, medical, property. Estate: $500,000. Parents: $405,553.87. Wife: $35,000. Children: $10,337. Automobile: $3,080.
Verdict: $0.00
87-487
Complaint for Damages
Brief Facts: Traffic accident.
Cause of Action: Negligence.
Damages: Pain and suffering, medical, loss of income and earning capacity.
Verdict: P1, $664.80. P2, $168.05.
87-506
Complaint to Recover Damages for Personal Injury
Brief Facts: Plaintiff loading railroad ties with help of yard hand; caught leg on roll of chain link and fell backwards on buttocks, rupturing disk.
Cause of Action: Negligence of store, manager, and yard hands.
Damages: Pain and suffering, medical, loss of services, permanent disability.
Verdict: $25,000. Plaintiff 40% negligence. Defendant 60% negligence.
87-844
Complaint to Recover Damages for Personal Injury
Brief Facts: Automobile accident
. Cause of Action: Count I, Negligence; Count II, negligent entrustment; Count III, Gross negligence; Count IV, subrogation.
Damages: Head, neck, back injuries, pain and suffering, medical, loss of earning capacity, emotional distress.
Verdict: $35,000.
87-877
Complaint for Damages from Negligence
Brief Facts: Traffic accident with multiple vehicles.
Cause of Action: Negligence.
Damages: Pain and suffering, medical, permanent injury, loss of income, loss of life's enjoyment.
Verdict: P1, $8,643.19. Negligence: D1, 58.5%, D2, 31.5%, D3, 10%.
87-959
Complaint for Damages for Personal Injury
Brief Facts: Traffic accident.
Cause of Action: Negligence.
Damages: Physical injuries, pain and suffering, loss of enjoyment, permanent poor health.
Verdict: $68,000.
87-990
Complaint to Recover Damages for Personal Injury
Brief Facts: While walking in the aisle of defendant's store, plaintiff was injured by a golf bag falling on shoulder.
Cause of Action: Negligence.
Damages: Pain and suffering, medical, permanent disability, loss of wage earning capacity.
Verdict: $700.00.
87-1025
Complaint for Damages
Brief Facts: Jockey fell from horse into guardrail during race.
Cause of Action: Negligence.
Damages: Pain and suffering, medical, loss of income and earning capacity.
Verdict: $400,000.
87-1070
Complaint for Malpractice
Brief Facts: Plaintiff, an amputee, suffered fracture of thigh bone because doctor misaligned the prosthesis.
Cause of Action: Malpractice.
Damages: Total disability.
Verdict: $0.00
88-485
Complaint to Recover Damages for Personal Injury
Brief Facts: Traffic accident.
Cause of Action: Negligence.
Damages: Injuries to neck, pain and suffering, medical, loss of earnings and earning capacity. Property damage, $1,932.28.
Verdict: $25,625.
88-540-3
Complaint for Personal Injuries from Defective Product
Brief Facts: A worker was injured when a wrench broke causing him to fall 4 - 5 feet to the ground.
Cause of Action: Product liability.
Damages: Past, present, future loss of earnings, medical, and pain and suffering; permanent impairment; loss of enjoyment of life.
Verdict: $282,487.00
88-861
Complaint for Damages for Personal Injury
Brief Facts: Plaintiff was guest in home of defendant; struck knee on material behind door and fell.
Cause of Action: Negligence.
Damages: Pain and suffering, medical, future medical, handicap.
Verdict: $12,000. Plaintiff, 75% negligent. Defendant, 25% negligent.
89-139
Complaint for Personal Injury
Brief Facts: Traffic accident.
Cause of Action: Negligence.
Damages: Neck and shoulder injury, pain and suffering, medical, permanent impairment.
Verdict: $0.00
89-407
Complaint for Damages Due to Personal Injury
Brief Facts: Traffic accident.
Cause of Action: Negligence.
Damages: neck injury requiring surgery, pain and suffering, loss of enjoyment, medical, future medical, loss of earnings, loss of earning capacity.
Verdict: $120,000. P, 50% negligent. D, 50% negligent.
89-557
Complaint for Damages
Brief Facts: Plaintiff slipped and fell on wet floor in supermarket.
Cause of Action: Negligence.
Damages: Pain and suffering, medical, future medical, loss of enjoyment of life.
Verdict: $0.00
89-701-3
Complaint for Damages
Brief Facts: The plaintiff was stopped at an intersection, and the defendant rear-ended his car.
Cause of Action: Negligence.
Damages: Past, present, future medical damages.
Verdict: $0
90-98
Complaint for Medical Malpractice
Brief Facts: During upper GI endoscopy, doctor perforated plaintiff's esophagus.
Cause of Action: Malpractice.
Damages: Pain and suffering, disability, partial loss of voice, medical.
Verdict: $0.00.
91-72
Complaint to Recover Damages for Personal Injuries
Brief Facts: A passenger was injured in an automobile accident caused by defendant driver of vehicle owned by defendant company.
Cause of Action: Negligence and negligent entrustment.
Damages: Medical, pain and suffering, loss of earnings and future earnings.
Verdict: $0.00
91-625-3
Complaint for Damages for Personal Injury and Property Damage under the New Mexico Tort Claims Act
Brief Facts: Improper U-turn of the defendant caused a car crash with the plaintiff.
Cause of Action: Negligence.
Damages: Past and future pain and suffering; medical costs; loss of earnings and capacity; property damage; loss of enjoyment.
Verdict: $0
91-628
Complaint for Damages for Injury
Brief Facts: The parent went into a store with their son who tripped over a pallet of goods stored improperly, and not displayed in an aisle. The son was injured.
Cause of Action: Negligence
Damages: Personal injury, medical costs.
Verdict: $70,000.00; fault of Walmart / 20%; fault of son / 80%
91-711-1
Complaint for Damages as a Result of Personal Injury and Property Damage
Brief Facts: The defendant's negligence cause a car crash with the plaintiff.
Cause of Action: Negligence.
Damages: Past and future pain and suffering impairment, medical costs, loss of income and earning capacity.
Verdict: $25,000
91-759
Complaint for Personal Injuries and Property Damages
Brief Facts: An employee driving a company truck caused a car accident resulting in injury to the plaintiff and her son and totaling the car.
Cause of Action: Negligence and vicarious liability
Damages: Medical; pain and suffering
Verdict: $0
92-77
Complaint for Property Damage
Brief Facts: Defendant's employee had a vehicle accident in the truck and trailer he was driving, causing the loss of the vehicles and equipment being transported.
Cause of Action: Negligence.
Damages: Property damage; costs of replacement and delays.
Verdict: $41,232.50
92-250-4
Complaint for Damages for Assault and Battery, Intentional Infliction of Emotional Distress, and for Negligence
Brief Facts: The defendant pulled down the plaintiff's pants at a volleyball game in front of a large crowd.
Cause of Action: Assault and battery; intentional infliction of emotional distress ; negligent hiring and supervision.
Damages: extreme emotional distress; loss of wages and earning capacity; loss of reputation and dignity; punitive damages.
Verdict: $0
92-706
Complaint for Personal Injury Damages
Brief Facts: In a horse racing accident a jockey was injured when she fell, into the inside rail at the race track.
Cause of Action: Negligent operation and maintenance of parks
Damages: Medical costs, earnings; pain and suffering
Verdict: $93,500.00
93-20-3
Complaint for Medical Malpractice
Brief Facts: I woman who broke her ankle was diagnosed with severe sprain, and she received no referral to a specialist leading to changes that prevented corrective surgery.
Cause of Action: Failure to diagnose
Damages: lost earnings, future income; pain and suffering, emotion injury; medical
Verdict: $100,000
93-129
Complaint for Personal Injury and Damages
Brief Facts: The plaintiff slipped on spilled dry dog food on the floor of the defendant's store.
Cause of Action: Negligence.
Damages: Past and future medical costs, pain and suffering, lost earnings and earning capacity, loss of enjoyment of life, loss of household services.
Verdict: $15,000 [Fault: 35% plaintiff; 15% defendant; 50% unknown tortfeasor]
93-132-4
Complaint for Damages
Brief Facts: The defendant, a supervisor, made sexual demands on the plaintiff, an employee, and when the company learned of the matter, it terminated the plaintiff.
Cause of Action: Breach of employment agreement; breach of implied covenant of good faith and fair dealing; intentional infliction of emotional distress.
Damages: Front and back pay; emotional distress; punitive damages.
Verdict: $47,500; subsequently dismissed on joint motion of plaintiff and defendant.
93-250-1
Complaint for Replevin and Conversion of Personal Property
Brief Facts: The plaintiffs, man and wife, moved into the home of the wife's parents; when they moved out again, the parents urged them to leave their personal property there for safe keeping. When the plaintiffs moved into their new home, the defendants refused to return their personal property. The defendant sold various items of the property.
Cause of Action: Replevin; conversion.
Damages: Value of the property; punitive damages.
Verdict: Compensatory damages, $11,246.68; return of gun; punitive damages, $5,000.
93-337
Complaint for Breach of Contract, Breach of Fiduciary Duty, Rescission, Damages, Tort, Fraud, Intentional or Negligent Misrepresentation and Unfair Trade Practices
Brief Facts: The Plaintiffs' property began to become water-logged after the City established a park with sod and watering system nearby. The City's acts are alleged to have caused the damage.
Cause of Action: (See above.)
Damages: property damage; punitive damages; treble damages
Verdict: $0
93-356
Complaint for Damages from Malicious Prosecution and Abuse of Process
Brief Facts: The defendant filed lawsuits to silence the plaintiff and his lawsuit.
Cause of Action: Malicious prosecution, abuse of process
Damages: Compensatory, harm to reputation and ability to secure employment, loss of income, emotional distress, punitive damages
Verdict: $0, directed Verdict for Defendant
93-458-1
Complaint for Damages Arising from Discrimination (Appeal from Determination of Human Rights Division)
Brief Facts: An electrician injured by high voltage was terminated by his employer.
Cause of Action: Failure to rehire; retaliation for filing charge
Damages: Lost wages, etc.
Verdict: $0
93-652
Complaint for Personal Injuries
Brief Facts: The plaintiff slipped and fell on an icy ramp outside the store.
Cause of Action: Negligence.
Damages: Permanent injury; past, present, future medical impairment, pain and suffering, medical costs; emotional distress; loss of earnings; loss of activities of daily living.
Verdict: $18,000 [plaintiff 50% negligent = award, $9,000]
94-257-1
Complaint for Personal Injuries
Brief Facts: The defendant rear-ended the plaintiff's car.
Cause of Action: Negligence.
Damages: Past and future pain and suffering and medical costs; loss of earning capacity.
Verdict: $4,400.00
94-298-4
Complaint for Damages for Personal Injury
Brief Facts: The defendant rear-ended the plaintiff's car.
Cause of Action: Negligence; violation of ordinance.
Damages: Personal injuries; past and future: pain and suffering; loss of household services; loss of enjoyment of life; medical expenses.
Verdict: $0
95-103
Complaint for Violation of Human Rights Act
Brief Facts: Complainant was terminated from employment for medical disability and claimed he could still perform duties.
Cause of Action: Violation of Human Rights Act
Damages: Lost wages, attorney fees
Verdict: $0
95-179
Complaint for
Brief Facts:
Cause of Action:
Damages:
Verdict: $
95-230
Complaint for Personal Injuries
Brief Facts: The defendant rear-ended plaintiff's car.
Cause of Action: Negligence.
Damages: past and future pain and suffering, medical costs, loss of earning capacity, loss of wages.
Verdict: Compensatory, $1,066.05; punitive, $1,500
342
Complaint for Damages as a Result of Personal Injury
Brief Facts: Car crash
Cause of Action: Negligence
Damages: Past and future medical, loss of income and earning capacity, pain and suffering
Verdict: $0
572
Complaint for Personal Injury
Brief Facts: A baseball backstop at an Aztec park fell on the plaintiff.
Cause of Action: Failure to maintain.
Damages: Pain and suffering; $17,000 medical costs; prevented from usual occupation; household duties; disfigured
Verdict: $12,500
589
Complaint for Damages for Property Damages
Brief Facts: A boy driving on a revoked license was stopped and arrested by Bloomfield police. The car was released to others and was subsequently totaled in an accident.
Cause of Action: Negligence.
Damages: $6,000
Verdict: $633 [25% each: City of Bloomfield, defendant #1, defendant #2, unknown defendant]
923
Complaint for Personal Injury
Brief Facts: Plaintiff tripped on a raised shelf at the defendant's business and fell.
Cause of Action: Premises liability; negligence;
Damages: Past and future medical; pain and suffering; emotional distress; lost income and earning capacity.
Verdict: $60,000. 50% Plaintiff fault; 50% Defendant fault
954
Complaint for Damages for Personal Injury
Brief Facts: At the Top Deck a bouncer threw another patron against the plaintiff, causing injury.
Cause of Action: Premises Liability; Negligent Failure to Provide Adequate Security; Negligent Hiring; Negligent Retention; Negligent Supervision; Negligence; Assault and Battery
Damages: Medical $19,000; injury to body and mind
Verdict: $0
97-93
Complaint to Recover Damages for Personal Injury
Brief Facts: Plaintiff slipped and fell on ice cream on the floor of the store.
Cause of Action: Premises liability; negligence
Damages: Past and present medical; pain and suffering; disability; loss of earning capacity; loss of consortium
Verdict: $34,500 and $5,000; 90% fault, defendant; 10%, unknown person
97-321
Complaint to Recover Damages for Personal Injury
Brief Facts: Car struck a pedestrian.
Cause of Action: Negligence; Negligence per se; Negligent Entrustment
Damages: Compensatory and punitive
Verdict: $25,000; 25% fault, Plaintiff; 75% fault, Defendant
97-669
Complaint for Damages for Personal Injury
Brief Facts: Car crash at a street light.
Cause of Action: Negligence; negligent entrustment
Damages: Medical, embarrassment; loss of hedonic pleasure; loss of earning capacity; property damage; loss of conjugal rights
Verdict: $900.00 and $1,715
98-196
Complaint for Damages as a Result of Personal Injury
Brief Facts: The Plaintiff was injured in a vehicle accident.
Cause of Action: Negligence
Damages: Medical, future medical, loss of income and earning capacity, loss of consortium, pain and suffering
Directed Verdict: for medical, $6,784
Verdict: $47,500; Total $54,284.01
98-240
Complaint for Damages for Personal Injury
Brief Facts: The Plaintiff was injured in a vehicle accident.
Cause of Action: Negligence
Damages: Property, medical, pain and suffering
Verdict: $0
98-362
Complaint for Damages for Accountant Malpractice, Negligent Misrepresentation, Constructive Fraud, Breach of Contract, Breach of the Covenant of Good Faith and Fair Dealing, Unfair Practices and Securities Fraud
Brief Facts: Accountant gave bad advice to plaintiffs concerning purchase of a business.
Cause of Action: Accountant Malpractice, Negligent Misrepresentation, Constructive Fraud, Breach of Contract, Breach of the Covenant of Good Faith and Fair Dealing, Unfair Practices and Securities Fraud
Damages: Compensatory, punitive
Verdict: $100,000
98-542
Complaint for Money Damages
Brief Facts: The defendant is alleged to have wrongfully terminated a remediation contract to clean production pits at oil and gas well locations.
Cause of Action: Breach of Contract; Prima Facie Tort; Breach of Implied Covenant of Fair Dealing; Punitive Damages
Damages: Compensatory and punitive
Verdict: $25,000; punitive damages $1,500,000
98-762
Complaint to Recover Damages for Personal Injuries
Brief Facts: Rear-ending car crash
Cause of Action: Negligence
Damages: Medical; pain and suffering; loss of earnings
Verdict: $8,000
98-1065
Complaint to Recover Damages for Personal Injury
Brief Facts: Car crash
Cause of Action: Negligence, respondeat superior
Damages: Medical, loss of earnings, pain and suffering
Verdict: $5,629.66 [20% fault, Plaintiff; 80 % fault, Defendant]
99-128
Complaint to Recover Damages for Personal Injuries
Brief Facts: Car crash
Cause of Action: Negligence
Damages: Medical, non-medical, pain and suffering
Verdict: $10,000
99-465
Complaint to Recover Damages for Personal Injuries
Brief Facts: Car crash
Cause of Action: Negligence, negligent entrustment
Damages: Medical, loss of income and earning capacity, permanent impairment, pain and suffering
Verdict: $53,500
99-915
Complaint to Recover Damages for Personal Injury
Brief Facts: Car crash
Cause of Action: Negligence
Damages: Past and future medical, emotional distress, pain and suffering, loss of income and earning capacity
Verdict: $8,000.
2000-334
Complaint to Recover Damages for Personal Injury
Brief Facts: Car crash
Cause of Action: Negligence,
Damages: Medical, pain and suffering, non-medical; loss of consortium; liability of insurance company
Verdict: $18,500
CIVIL JURY VERDICTS IN MCKINLEY COUNTY
*CASE SUMMARIES BY TYPE OF CASE*
November 1983 to March 2001
92-79
Complaint for Wrongful Death
Brief Facts: Doctors failed to diagnose a liver abscess and patient died.
Cause of Action: Negligence
Damages: Compensatory damages.
Verdict: $0
83-324
Complaint for Damages for Personal Injury
Brief Facts: A machine used for grinding welded railroad track fell on the Plaintiff as he was unloading it from the Defendant's truck. After the injury the Plaintiff was re injured over a period of days while working for the Defendant. Later these injuries were aggravated by Defendant's forcing Plaintiff to do heavy work.
Cause of Action: Negligence; willful and wanton negligence.
Damages: Personal injury, medical, pain and suffering, lost wages; punitive damages.
Verdict: $263,444.75; Plaintiff 92% negligent: $21,075.85
86-257
Complaint for Wrongful Death and Personal Injury Damages
Brief Facts: Defendant was DWI and caused automobile crash which injured the Plaintiff and killed the Plaintiff's husband.
Cause of Action: Negligence and wrongful death.
Damages: Medical, property damage, personal injury, burial expenses; punitive damages.
Verdict: $1,253,000.00
88-85
Complaint for Money Damages for Personal Injury
Brief Facts: A bailiff working for the Gallup sheriff's office slipped and fell on a wet floor in the jail when picking up a prisoner for court. There was no warning sign.
Cause of Action: Negligence.
Damages: Permanent personal injury and pain and suffering.
Verdict: Total, $241,000.00; adjusted for percent negligence, $156,650.00.
89-97
Complaint for Damages as the Result of Personal Injuries and Property Damages
Brief Facts: Defendant rear-ended Plaintiffs' car injuring them and destroying vehicle.
Cause of Action: Negligence.
Damages: Medical, pain and suffering, loss of earning capacity; property damage.
Verdict: $27,650.00.
89-203
Complaint to Recover Damages for Personal Injuries
Brief Facts: The Defendants, state highway department employees, pulled in front of the Plaintiff causing an automobile accident.
Cause of Action: Negligence and failure to maintain road.
Damages: Permanent physical injuries and disabilities, impairment of earning capacity, pain and suffering.
Verdict: $115,500.00; Plaintiff, 5% negligent, $109,725.00.
90-32
Complaint to Recover Money Damages for Personal Injury
Brief Facts: The Plaintiff, a security guard at the Defendants' saloon where a large crowd was waiting outside to get in, went outside to check on the other guard. An intoxicated minor who had been served by the bar, repeatedly struck the Plaintiff in the face and on the body with a board.
Cause of Action: Negligence and battery.
Damages: Permanent physical injuries, loss of sight, physical and emotional pain and suffering.
Verdict: $375,000.00.
92-77
Complaint to Recover Damages for Personal Injuries
Brief Facts: A child was injured when she was playing in a tree in an area close to her home and grabbed an un insulated electric line which hung through the branches of the tree. The line was installed, owned and maintained by the Defendant.
Cause of Action: Negligence.
Damages: Severe burns, pain and suffering, impairment of earning capacity, medical bills.
Verdict: $628,939.00; Plaintiffs, 25% negligent, $471,704.25.
92-0106
Complaint for Damages for Personal Injury under the New Mexico Tort Claims Act
Brief Facts: The Defendants were Gallup police officers who arrested the Plaintiff without probable cause and broke his arm in the process.
Cause of Action: Negligence; battery.
Damages: Past and future medical, pain and suffering, loss of employment; punitive damages.
Verdict: $0
92-300
Complaint to Recover Damages for Personal Injury
Brief Facts: Custodian ran over the plaintiff's foot with his cleaning cart.
Cause of Action: Negligence
Damages: Compensatory
Verdict: $0
93-118
Complaint for Personal Injury
Brief Facts: The defendant injured a child in an auto accident.
Cause of Action: Negligence
Damages: Compensatory damages.
Verdict: $0
93-239
Complaint for Damages for Personal Injury
Brief Facts: The defendant rear-ended the plaintiff's car.
Cause of Action: Negligence; negligence per se
Damages: Past and future medical costs; pain and suffering; loss of household services; loss of enjoyment of life
Verdict: $458.27
95-257
Complaint for Personal Injury and Damages
Brief Facts: The plaintiff slipped and fell on ice in the defendant's parking lot.
Cause of Action: Negligence.
Damages: Medical costs; pain and suffering; permanent disability; loss of household services; loss of enjoyment
Verdict: $131,477.76 [plaintiff 5% negligent; defendant 95% negligent]
95-101
Complaint for Personal Injury
Brief Facts: Defendant's horse bucked off the plaintiff.
Cause of Action: Negligence; strict liability
Damages: Past and future medical costs, lost wages, pain and suffering.
Verdict: $0
95-107
Complaint to Recover Damages for Personal Injury
Brief Facts: The defendant's negligent driving caused a car crash in a parking lot.
Cause of Action: Negligence; negligence per se
Damages: Past and future medical costs; loss of income; loss of enjoyment; emotional distress; pain and suffering.
Verdict: $0
96-15
Complaint to Recover Damages for Personal Injury
Brief Facts: The defendant rear-ended the plaintiff's car.
Cause of Action: Negligence; negligence per se.
Damages: Past and future medical costs; loss of income; loss of enjoyment; emotional distress; pain and suffering
Verdict: Total for three plaintiffs, $13,700.00
97-118
Complaint to Recover Damages for Personal Injury
Brief Facts: The defendant's negligent driving caused a crash with the plaintiff.
Cause of Action: Negligence; negligence per se
Damages: Past and future medical costs; loss of income; loss of enjoyment; emotional distress; pain and suffering
Verdict: Total for two plaintiffs, $9,479.00
97-309
Complaint to Recover Personal Injury Damages
Brief Facts: Car crash
Cause of Action: Negligence, negligence per se
Damages: Past and future medical, loss of household services, loss of earnings and capacity, pain and suffering, loss of life's enjoyment
Verdict: $100,000
97-376
Complaint to Recover Damages for Personal Injury
Brief Facts: Car crash
Cause of Action: Negligence, negligence per se
Damages: Past and future medical, emotional distress, pain and suffering, loss of life's enjoyment
Verdict: $57,000
98-158
Complaint to Recover Damages for Injury
Brief Facts: Dolly fell from a shelf on the head of a customer in a store.
Cause of Action: Negligence; intentional spoilation of evidence
Damages: Past and future medical, emotional distress, pain and suffering, loss of wage earning and normal activities of life
Verdict: $230,000
94-85
Complaint for Medical Malpractice
Brief Facts: The plaintiff was admitted to the hospital for abdominal pain and was x-rayed which showed a loop in the bowel. He was discharged without treatment. One week later he was readmitted and transported to Albuquerque where surgery failed to save his life.
Cause of Action: Malpractice (failure to diagnose)
Damages: Medical and funeral costs; pain and suffering; emotional distress; loss of consortium
Verdict: $120,000
93-45
Complaint for Damages to Property
Brief Facts: A lessee refused to pay rent on property after, lease expired; he erected a tell foot fence and destroyed the surface with deep holes and contamination.
Cause of Action: Property damage
Damages: Unpaid rent; property damages
Verdict: $125,482.00
93-114
Complaint for Damages
Brief Facts: The defendant installed a furnace in a rental mobile home. The furnace caused a fire that destroyed the in mobile home.
Cause of Action: Negligent installation and repair; Breach of Implied Warranty; Breach of Contract.
Damages: Loss of rental income; property loss
Verdict: $51,000,00
94-200
Complaint for Damages
Brief Facts: The defendant ran a red light and collided with the plaintiff's car.
Cause of Action: Negligence.
Damages: Past and future pain and suffering, medical costs, and loss of income.
Verdict: $0
174
Complaint for Damages
Brief Facts: The defendant supervisor sexually harassed the plaintiff and fired her when she reported it.
Cause of Action: Wrongful termination; intentional infliction of emotional distress
Damages: severe emotional distress; loss of wages and benefits; punitive damages
Verdict: $39,000.00
97-60
Complaint for Damages Arising from Negligence and Strict Liability
Brief Facts: The Plaintiff slipped on a grease spot while carrying a mutton carcass into the Defendant's place of business.
Cause of Action: Improper design, failure of maintenance and inspection; strict liability
Damages: Past, present, future medical, loss of income, pain and suffering, loss of enjoyment of life
Verdict: $100,000 [40% negligence, Plaintiff; 60% negligence, Defendant]
93-138
Complaint on Contract
Brief Facts: The Defendant failed to pay the sums owed on a repair.
Cause of Action: Breach of contract
Damages: compensatory
Verdict: $8,373.50
93-209
Complaint for Debt and Money Due
Brief Facts: A CPA worked over-time but was not paid his bonus when he gave notice of quitting and starting his own company.
Cause of Action: Breach of contract; constructive fraud; fraud; unjust enrichment
Damages: $13,892.30 ; punitive damages
Verdict: $0
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