Torres v. El Paso Electric Co.

Supreme Court of New Mexico · 1999 · Torts

TortsNegligenceComparative negligenceProximate causePunitive damagesSpoliation of evidenceindependent intervening causecomparative fault

Facts

Francisco Torres was injured while replacing a greenhouse roof when a long metal rod he was handling contacted a high-voltage conductor owned by El Paso Electric Company. Torres alleged the company negligently designed, installed, and maintained a power pole and line near the greenhouse, including using a bent and overloaded pole that shifted toward the building despite warnings about its condition and the line's proximity. He also alleged the company removed, cut up, and discarded the pole after the accident, even though it preserved other equipment and the pole could have helped determine critical measurements. At trial, the court directed verdicts against Torres on punitive damages and intentional spoliation, and instructed the jury on independent intervening cause based on the alleged negligence of Torres, his employer, and contractors.

Issue

Whether, in a negligence case governed by New Mexico comparative fault principles, the jury may be instructed on independent intervening cause based on the plaintiff's negligence or the negligence of other actors contributing to the same injury. The court also considered whether the evidence was sufficient to send punitive damages and intentional spoliation claims to the jury.

Rule

In New Mexico, the doctrine of independent intervening cause does not apply to a plaintiff's negligence, and in cases involving multiple acts of negligence trial courts should not give UJI 13-306 or include a reference to independent intervening cause in the proximate-cause instruction because the concept is duplicative and potentially confusing in light of comparative fault and several liability. Punitive damages in negligence cases require evidence of a culpable mental state rising to recklessness, and cumulative corporate conduct may support that inference when the defendant manages an inherently dangerous activity. Intentional spoliation of evidence may occur before a complaint is filed, but requires knowledge of a probable lawsuit and a sole, malicious intent to disrupt or defeat that lawsuit.

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

In Albuquerque, Dana Ruiz sued Mesa Crest Delivery, alleging the company negligently left a loading ramp protruding into an alley. At trial, Mesa Crest requested an independent intervening cause instruction because Dana admitted she was texting while walking and failed to look down before tripping.

Should the court give the requested instruction?

Explanation. The majority held that independent intervening cause does not apply to a plaintiff's negligence. In a negligence action, the jury should decide proximate cause and, if appropriate, apportion comparative fault. A separate independent intervening cause instruction would improperly overemphasize the defendant's blame-shifting argument and risk confusion.