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Keywords

damagesnegligenceappealhearingtrialsummary judgmentsustainedcomparative negligenceduty of care

defendantdamagesnegligenceliabilityappealtrialmotionsummary judgmentcomparative negligence

Related Cases

Govich v. North American Systems, Inc., 112 N.M. 226, 814 P.2d 94, Prod.Liab.Rep. (CCH) P 12,936, 1991 -NMSC- 061

Facts

On November 23, 1983, after dining out, Daniel and Roane Govich returned home to find their house filled with smoke from a fire caused by a defective coffee maker. Daniel, who was hearing impaired and had a specially trained dog, attempted to rescue his dog from the burning house, despite the danger. Roane, seeing her son enter the house, also made attempts to rescue him. Both sustained injuries in the fire, and they subsequently sued the manufacturers of the coffee maker for personal injuries and damages.

On January 22, 1985, the Goviches sued Mr. Coffee, alleging the fire was caused by a defective coffee maker. Ark–Les, the maker of an electrical component in the coffee maker, was named a defendant by amended complaint. Based upon theories of strict products liability, negligence, and breach of implied or express warranties, the Goviches sought damages for personal injuries, emotional distress, and lost wages.

Issue

The main legal issue was whether the rescue doctrine applied under comparative negligence, and if so, whether it could establish a genuine issue of material fact that would preclude summary judgment on the Goviches' personal injury claims.

The issue in the briefs before this Court is whether the rescue doctrine is applicable under comparative negligence and, if so, whether it may be relied upon by the Goviches to establish a genuine issue of material fact that would preclude summary judgment on their personal injury claims.

Rule

The court recognized the rescue doctrine, which establishes that a person creating a peril owes a duty of care to a rescuer, and that the negligence causing the peril is the proximate cause of the rescuer's injuries.

The rescue doctrine, in essence, reflects the assumption that rescue is a commendable human urge to be encouraged, not penalized.

Analysis

The court analyzed the application of the rescue doctrine in the context of comparative negligence, concluding that the trial court erred in granting summary judgment based on the notion of 'unreasonable conduct' as a matter of law. The court emphasized that questions of proximate cause and independent intervening cause should be determined by a jury, and that the foreseeability of the Goviches' actions during the rescue attempt was a factual issue.

Conclusion

The Supreme Court reversed the district court's order granting partial summary judgment against the Goviches and remanded the case for trial on the merits, allowing the jury to consider the issues of negligence and proximate cause.

Accordingly, we reverse the order granting partial summary judgment against Roane and Daniel Govich and remand for trial on the merits.

Who won?

The Goviches prevailed in the appeal because the Supreme Court found that there were genuine issues of material fact regarding their claims that warranted a trial.

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