Forsyth v. Joseph

New Mexico Court of Appeals · 1968 · Torts

TortsWrongful deathGuest statuteNegligenceContributory negligenceProximate causeguest statuteheedlessness

Facts

Decedent was riding as a guest in Mrs. Joseph's car as Joseph drove south on a divided highway and turned east across the median and onto the northbound lanes toward a service station. Joseph's windshield was dirty, she intended to have it cleaned, and when she turned east she was completely blinded by the rising sun; although she knew the northbound lanes were heavily traveled and made no effort to stop, she proceeded about 90 feet at 10 to 20 miles per hour and never saw Villa's truck before impact. Villa was driving northbound in a one-ton truck, and the evidence showed 129 feet of skid marks, skid marks only from the front tires, one front skid mark longer than the other, and that another vehicle behind him stopped within a similar distance while leaving four-tire skid marks. The collision killed decedent, who warned Joseph to "look out" only at the moment of impact.

Issue

As to Joseph, did her conduct in driving while blinded by the sun across the median and into the northbound lanes constitute heedlessness or reckless disregard under the guest statute? As to Villa, was there substantial evidence that his negligent operation of the truck, including defective brakes, excessive speed, and failure to keep a proper lookout, proximately caused the collision, and was decedent contributorily negligent as a matter of law?

Rule

For liability under the guest statute absent intentional injury, there must be substantial evidence of a particular state of mind by the host driver showing utter irresponsibility or a conscious abandonment of any consideration for the safety of passengers; negligence alone is insufficient. Findings supported by substantial evidence will not be disturbed on appeal, viewing the evidence and reasonable inferences in the light most favorable to support them. A passenger is contributorily negligent only if she fails to use the care an ordinarily prudent person would exercise under the circumstances, and absent knowledge of danger or the driver's unsuitability, a passenger has no duty to keep a lookout for peril ahead.

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One of 10 multiple-choice questions for this case. Pick an answer to see why.

In Las Cruces, Dana Moreno was giving her neighbor, Elise Park, a free ride to work. As Dana turned left toward a gas station to wipe dust from her windshield, early sunlight temporarily blinded her; she continued slowly across two lanes without stopping and struck an oncoming van she had never seen.

If Elise sues Dana under a guest statute requiring heedlessness or reckless disregard rather than ordinary negligence, which is the strongest analysis?

Explanation. The governing rule requires substantial evidence of a particular state of mind amounting to utter irresponsibility or conscious abandonment of any consideration for the guest's safety. The majority held that even clear negligence—such as proceeding slowly while blinded—does not alone satisfy that higher guest-statute standard where the surrounding facts suggest caution rather than a culpable mental state.