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Solorzano v. Bristow9/16/2004
ments indicating that it is unforeseeable as a matter of law that a person would jump out of a moving vehicle, see Turner v. D'Amico, 701 So. 2d 236, 238 (La. Ct. App. 1997), or that seatbelts are not intended to keep people from jumping out of a car, see DeMarco v. DeMarco, 643 A.2d 1053, 1056 (N.J. Super. Ct. Law Div. 1992), but we do not believe that these cases are consistent with New Mexico law or appropriate authority under the unique facts of this case. The fact that out-of-state cases exist in which people have unexpectedly jumped from moving vehicles suggests that such events are not unforeseeable as a matter of law. Importantly, in this case, the facts indicate a person in an apparent drug-induced, impaired mental state, who was acting unpredictably, including opening the door of a fast-moving car. As we indicated above, we believe that responsibility on the basis of these strange facts is for the jury to decide.
The parties have raised arguments concerning the admissibility and relevance of the fact that Garrett removed her seat belt before she fell out of the vehicle. In addition, the parties argue whether Restatement (Second) of Torts ยงยง 323 and 324 (1965) applies as a source of Defendant's duty. We have not addressed these issues because they are premature and not necessary to our decision. The trial court issued its summary judgment on quite narrow grounds. We have dealt with those grounds and a closely related issue. The seat belt and Restatement issues are best dealt with in the first instance by the trial court as the evidence in the case is further developed, in particular with regard to the nature and source of Garrett's described confused mental state.
CONCLUSION
Because there are genuine factual questions regarding Garrett's death and the performance of Defendant's duty to exercise reasonable care, we reverse summary judgment and remand to the trial court.
IT IS SO ORDERED.
MICHAEL D. BUSTAMANTE, Judge
WE CONCUR:
LYNN PICKARD, Judge
CELIA FOY CASTILLO, Judge
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