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Keywords

lawsuitplaintiffdefendantdamagesnegligenceappealtrialmotioncontributory negligencecomparative negligence
lawsuitplaintiffdefendantdamagesnegligencecontributory negligencecomparative negligence

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Scott v. Rizzo, 96 N.M. 682, 634 P.2d 1234, 1981 -NMSC- 021

Facts

This case involves two plaintiffs who filed separate lawsuits in Bernalillo County, each claiming injuries due to the negligence of the respective defendants. The defendants denied negligence and claimed contributory negligence on the part of the plaintiffs. The trial judge denied motions to strike the defense of contributory negligence, leading to interlocutory appeals that were subsequently transferred to the Supreme Court for resolution of the comparative negligence issue.

This case involves two plaintiffs who filed separate lawsuits in Bernalillo County, each claiming injuries due to the negligence of the respective defendants.

Issue

Whether New Mexico should adopt the doctrine of comparative negligence, replacing the existing rule of contributory negligence as a complete bar to recovery.

Whether New Mexico should adopt the doctrine of comparative negligence, replacing the existing rule of contributory negligence as a complete bar to recovery.

Rule

The court determined that the doctrine of comparative negligence allows for the apportionment of damages based on the degree of fault of each party, rather than barring recovery entirely due to a plaintiff's contributory negligence.

The court determined that the doctrine of comparative negligence allows for the apportionment of damages based on the degree of fault of each party, rather than barring recovery entirely due to a plaintiff's contributory negligence.

Analysis

The court analyzed the historical context and the injustices associated with the contributory negligence rule, concluding that it was time for a change. It emphasized that the judiciary has the power to adopt a new rule when the existing one is deemed obsolete. The court found that the pure comparative negligence standard would provide a fairer system for apportioning damages, reflecting the respective fault of each party involved.

The court analyzed the historical context and the injustices associated with the contributory negligence rule, concluding that it was time for a change.

Conclusion

The Supreme Court of New Mexico adopted the pure comparative negligence standard, overruling the previous contributory negligence rule. The court ordered that this new doctrine be applied to the current case and all future cases.

The Supreme Court of New Mexico adopted the pure comparative negligence standard, overruling the previous contributory negligence rule.

Who won?

The plaintiffs prevailed in this case as the court adopted the doctrine of comparative negligence, allowing for recovery despite any contributory negligence on their part.

The plaintiffs prevailed in this case as the court adopted the doctrine of comparative negligence, allowing for recovery despite any contributory negligence on their part.

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