 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Eckhardt v. Charter Hospital of Albuquerque Inc.11/12/1997
nt selection, supervision, and misrepresentation.
F. Violation of Unfair Practices Act
{59} Plaintiff contends that the trial court erred by granting a directed verdict dismissing her claim that Charter violated the Unfair Practices Act, NMSA 1978, 57- 12-1 through -22 (1967, as amended through 1995), by issuing false and misleading advertisements concerning its goods and services on which Plaintiff relied to her detriment.
{60} "Generally, the Unfair Practices Act is intended to provide a private remedy for individuals who suffer pecuniary harm for conduct involving either misleading identification of a business or goods, or false or deceptive advertising." . Thus, an essential element of Plaintiff's claim regarding an "unfair or deceptive trade practice" under the Act is that a "false or misleading oral or written statement, visual description or other representation of any kind knowingly made [by Charter] in connection with the sale, lease, rental or loan of goods or services . . . ." Section 57-12-2(D); , overruled on other grounds by . The subjective belief of the party receiving the information is not sufficient to establish a violation of the Act. See .
{61} Since Plaintiff failed to show that Charter's advertising was false or misleading in connection with the sale of its goods and services, she failed to establish a claim under the Unfair Practices Act. See . Therefore, we affirm the trial court's decision to dismiss Plaintiff's claim for violation of the Unfair Practices Act.
III. CONCLUSION
{62} We affirm the judgment with respect to Plaintiff's claims for negligent misrepresentation and negligent selection and supervision. We affirm the trial court's decision to grant a directed verdict dismissing Plaintiff's claims for violation of the Unfair Practices Act and punitive damages. We reverse the judgment with respect to Plaintiff's claims for fraudulent misrepresentation, and we reverse the trial court's decision to grant a directed verdict dismissing Plaintiff's claim for wrongful disclosure. We remand to the trial court for trial on Plaintiff's wrongful disclosure claim.
{63} IT IS SO ORDERED.
M. CHRISTINA ARMIJO, Judge
WE CONCUR:
A. JOSEPH ALARID, Judge
BENNY E. FLORES, Judge
|