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Buffett v. Vargas3/27/1996
FROST, Justice.
{1} This case involves the all too common and tragic combination of drinking and driving. A head-on collision claimed the life of Boyd Buffett [hereinafter Boyd] and injured two others. The jury returned a verdict finding Boyd, one defendant, and one nonparty each one-third at fault, and exonerating three other defendants. The Court of Appeals reversed for a new trial. We granted certiorari, and we now reverse the Court of Appeals.
I. FACTS
{2} In the early morning hours of October 19, 1983, Boyd was riding in an automobile driven by Peri Ann Denena. As they headed south on State Highway 3 near Taos, New Mexico, Defendant Frank Jaramillo was driving north on the same highway. Jaramillo's automobile swerved into Denena's lane and crashed head on into her car, injuring Denena and killing Boyd. The evidence showed that Denena's vehicle was traveling between forty-five and fifty miles per hour, and Jaramillo's vehicle was travelling about thirty miles per hour. The posted speed limit was forty-five.
{3} Evidence adduced at trial showed that, at the time of the accident, Jaramillo had a blood-alcohol content (BAC) of approximately 0.34%, Denena had a BAC of approximately 0.225%, and Boyd had a BAC of approximately 0.244%. An autopsy report also revealed the presence in Boyd's blood of THC, the active ingredient in marihuana. At the time of the accident, the legal blood-alcohol limit for driving in this state was 0.1%. NMSA 1978, § 66-8-102(C) (Cum. Supp. 1985).
{4} Boyd died at the scene about ten minutes after the accident. He was survived by his father, Bruce Buffett [hereinafter Buffett], with whom Boyd lived before his death. Criminal charges against Denena were dropped, even though her BAC exceeded the legal limit, because, based on accident debris, gouge marks, and eyewitness testimony that Denena stayed entirely within her lane, there was no probable cause to believe that she was operating her vehicle while impaired by intoxication. Jaramillo pled guilty to vehicular homicide and served eighteen months of a three-year sentence.
{5} Buffett brought this suit individually and as the personal representative of Boyd's estate. See NMSA 1978, § 41-2-1 (Repl. Pamp. 1989) (wrongful-death statute). Buffett sued not only Jaramillo but also Defendants-Appellants Fabian Mascarenas, Martin Vargas, and Albino Chacon. Denena was not a party to this action. Mascarenas was a police officer who was off duty at the time of the events at issue. Buffett contended that Mascarenas failed to prevent Jaramillo from driving during the evening of the accident even though Jaramillo was obviously intoxicated. Vargas and Chacon owned the bar from which Jaramillo allegedly obtained beer before the accident. See NMSA 1978, § 41-11-1 (Repl. Pamp. 1989) (dram-shop statute).
{6} The district court consolidated the lawsuits against Jaramillo, Mascarenas, Vargas, and Chacon. The jury returned a special verdict apportioning fault equally one-third between Jaramillo, Denena, and Boyd, and awarded no damages. The jury affirmatively found no liability on the part of Mascarenas, Vargas, and Chacon. The trial Judge corrected the amount of damages to $1,037.71, the amount of Boyd's funeral expenses. Buffett moved for a new trial, which the trial court denied.
{7} Buffett then appealed to the Court of Appeals, which reversed and remanded for a new trial. Buffett v. Jaramillo, No. 11,739, slip op. (N.M. Ct. App. May 25, 1993). Mascarenas, Vargas, and Chacon petitioned this Court for a writ of certiorari to review the decision of the Court of Appeals. We granted certiorari, and we now address the following issues decided by the Court of
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