Herrera v. Quality Pontiac - those whose injuries are a...

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Herrera v. Quality Pontiac 134 N.M. 43 (2003) Fact: Operative Facts: A person took their car to get it repaired at Quality Pontiac (defendant’s). And a thief stole the car, and took it for a ride. A police officer went on a high speed pursuit on the car, and the car crashed into another car who had pulled off to the side. The passengers of the car was suing Quality Pontiac, but the court stated that there was a failure to state the claim. Issue: Whether there was a duty for Quality Pontiac to secure the car. Rule: There first must be a duty between the defendant to the plaintiff, before a negligence action can be brought up. Also, the duty is for the defendant not to create a broader “zone of risk” that poses a general threat of harm to others. Rational: New mexico adopted the majority view of Palsgraf, where a negligent actor only owes a duty to
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Unformatted text preview: those whose injuries are a foreseeable result of the negligence. The defendant leaving the ignition keys in the car make it easier for thieves and more likely for that car to be stolen by thieves. Court held that , because the keys in the ignition of an unattended and unlocked car there is a duty of ordinary care to those individuals injured in an auto accident involving the vehicle when a thief steals the car and negligently or criminally causes the accident. Proximate cause is another issue to be determined by a jury. Holding: Broad: When someone creates a situation where it broadens the scope of the danger, then they owe a duty of ordinary care. Narrow: Synthesis: Dissent/Concurrences:...
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This note was uploaded on 12/20/2011 for the course TORTS 131 taught by Professor Keller during the Fall '11 term at Western State Colorado University .

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