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Keywords

plaintiffdefendantnegligencestatutetrialcontributory negligencejury instructions

tortplaintiffdefendantnegligencestatuteappealtrialverdictcontributory negligence

Related Cases

Stephens v. Dulaney, 78 N.M. 53, 428 P.2d 27, 1967 -NMSC- 125

Facts

The plaintiff and defendant were on a deer hunting trip in a GMC pickup truck, which had been filled with gasoline multiple times during their journey. After parking near a cafe, the plaintiff attempted to light a cigarette while standing near the truck's gasoline intake spout. An explosion occurred, resulting in injuries to the plaintiff. The explosion was attributed to gasoline fumes that may have escaped from the tank due to missing screws, and the only source of ignition was the match struck by the plaintiff.

The evidence shows that plaintiff and defendant left Lovington, New Mexico, after dark on November 2, 1962, to go deer hunting in the northern part of the State. They were traveling in a GMC pickup truck. The gasoline tank was filled before they left Lovington.

Issue

Did the trial court err in refusing to instruct the jury on contributory negligence and the application of the New Mexico Guest Statute?

The defendant has appealed. He asserts error on the part of the trial court in refusing to instruct the jury on contributory negligence and on the matter of the application of the New Mexico Guest Statute.

Rule

Contributory negligence is defined as conduct on the part of the plaintiff that falls below the standard to which he should conform for his own protection, and which is a legally contributing cause cooperating with the negligence of the defendant in bringing about the plaintiff's harm.

Contributory negligence is defined in the second Restatement of Torts, sections 463 — 66, at pages 507—11, as follows: 'Contributory negligence is conduct on the part of the plaintiff which falls below the standard to which he should conform for his own protection, and which is a legally contributing cause co-operating with the negligence of the defendant in bringing about the plaintiff's harm.'

Analysis

The court found that the evidence presented was sufficient to raise a question of fact regarding the plaintiff's contributory negligence. The plaintiff's lack of a sense of smell did not absolve her from exercising ordinary care, and the jury should have been instructed on this matter. The court emphasized that contributory negligence is typically a question of fact for the jury, and the trial court's failure to provide the appropriate instructions constituted reversible error.

In our opinion, these facts are sufficient to present a jury question as to the contributory negligence of the plaintiff, and the trial court erred in not instructing the jury on this question.

Conclusion

The court reversed the trial court's judgment and remanded the case for a new trial, emphasizing the need for proper jury instructions on contributory negligence.

The judgment of the trial court should be reversed and this cause remanded for a new trial.

Who won?

The plaintiff prevailed in the case due to the jury's finding of negligence on the part of the defendant and the court's ruling that the trial court erred in not instructing the jury on contributory negligence.

The jury returned a verdict for the plaintiff, and now the defendant has appealed.

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