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Couch v. Astec Industries6/19/2002
400 (4th Cir. 1994) (holding that evidence of subsequent remedial measures by non-defendants is admissible because such admission will not inhibit non-defendants from taking remedial measures).
We also reject Defendant's argument that the prejudicial effect of the admitted evidence outweighed its probative value. See Rules 11-401 and 11-403 NMRA 2002. The evidence that Employer added the guard without a gap was highly relevant because it gave rise to an inference that the product was defective as manufactured, and that it was a gap between the guard and the belt-not a loose guard-that caused Plaintiff's foot to come into contact with the conveyor. The prejudice to Defendant was not unduly harsh. The trial court instructed the jury on the proper questions to consider, and Defendant failed to request a limiting instruction on the effect of the evidence. See Norwest Bank N.M. v. Chrysler Corp., 1999-NMCA-070, 40, 127 N.M. 397, 981 P.2d 1215 (recognizing that the jury is presumed to follow the court's instruction). The trial court acted within its sound discretion in admitting this evidence. Mac Tyres, Inc. v. Vigil, 92 N.M. 446, 448, 589 P.2d 1037, 1039 (1979) (noting that trial court is vested with great discretion in applying Rule 11-403 and its ruling will not be disturbed absent an abuse of that discretion).
Substantial Evidence Supported the Jury's Verdict on Enhanced Injury and Product Liability
Defendant argues the trial court erred in failing to rule as a matter of law that Plaintiff failed to prove enhanced injury , negligence, and strict liability. "A directed verdict is appropriate only when there are no true issues of fact to be presented to a jury." Sunwest Bank v. Garrett, 113 N.M. 112, 115, 823 P.2d 912, 915 (1992). Here, the evidence on these issues was disputed, and we therefore review to determine whether substantial evidence supported the jury's verdict. We view the evidence in the light most favorable to the prevailing party and make all reasonable inferences to support the judgment. We will affirm the jury's verdict if there is evidence to support it. See Zemke v. Zemke, 116 N.M. 114, 118, 860 P.2d 756, 760 (Ct. App. 1993).
Enhanced Injury
Defendant argues the trial court erred in failing to rule as a matter of law that Plaintiff failed to prove an enhanced injury . Plaintiff claimed that he suffered enhanced injuries because the conveyor belt did not have emergency pull cords attached to the frame. Plaintiff argued that if there had been a pull cord on the conveyor belt, he would have tripped it, thereby stopping the conveyor and curtailing the extent of his injuries.
In New Mexico, the enhanced injury doctrine, also called the "crashworthiness" doctrine, has been applied in actions against product manufacturers. Norwest Bank N.M., 1999-NMCA-070, 10; Cleveland v. Piper Aircraft Corp., 890 F.2d 1540 (10th Cir. 1989). The doctrine has also been extended to cases not involving products. See, e.g., Lujan v. Healthsouth Rehab. Corp., 120 N.M. 422, 427, 902 P.2d 1025, 1030 (1995) (recognizing that a medical care provider may negligently aggravate a plaintiff's initial injuries).
As these cases demonstrate, generally the original tortfeasor and the tortfeasor who purportedly enhanced the injuries caused by the original tortfeasor are two different entities. Thus, in order to prove a case against the successive tortfeasor, a plaintiff must attempt to distinguish the enhanced injury from the original injury. Lewis v. Samson, 2001-NMSC-035, 35, 131 N.M. 317, 35 P.3d 972 ("In an enhanced injury case . . . the plaintiff must still prove that the physician's negligence proximately caused an enhancement of th
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