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Lozoya v. Sanchez3/24/2003
2d 468. We review the instructions to determine if they fairly present the issues and applicable law, when considered as a whole. Kestenbaum v. Pennzoil Co., 108 N.M. 20, 26, 766 P.2d 280, 286 (1988). Here, the district court sufficiently instructed the jury as to each type of damages recoverable by Plaintiffs in a separate instruction. This fairly presented the issues and applicable law to the jury.
IV.
We hold that the district court should have permitted the claim for loss of consortium regarding the accident that took place prior to the time Ubaldo and Sara were married to go to the jury. We hold that substantial evidence supports the amount of the verdict in favor of Ubaldo and Osbaldo as a result of the first accident. We reverse as to the jury's conclusion that Mr. McWaters was not negligent in the second accident, for lack of substantial evidence. Finally, we hold that the district court did not abuse its discretion by excluding certain evidence at trial. We therefore affirm with regard to all claims except the loss of consortium claim, and the verdict of no negligence on the part of Mr. McWaters, and remand for a new trial limited to those issues.
IT IS SO ORDERED.
PAMELA B. MINZNER, Justice
WE CONCUR:
PETRA JIMENEZ MAES, Chief Justice
PATRICIO M. SERNA, Justice
RICHARD C. BOSSON, Justice
EDWARD L. CHAVEZ, Justice
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