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Yardman v. San Juan Downs Inc.8/23/1995
orizontal portion of the gooseneck rail and then he hit the next vertical pole with his chest before subsequently landing on the ground. Dr. Swenson testified that had a Fontana Safety Rail system been in place, Plaintiff would have struck the flat surface of the safety cover with his rear and hips, rather than his head. Dr. Wendell Hull, a medical expert called by Defendants, also testified that where the Fontana Safety Rail system exists, a jockey tends to go over the rail and onto the soft portion of the cover or land in the dirt. Additionally, Dr. Chris L. Sperry, a forensic pathologist, testified that to a reasonable degree of medical probability had a Fontana Safety Rail system been installed at the time of Plaintiff's accident, Plaintiff would not have sustained the type of head and neck injuries that he suffered.
32. The decision of the fact finder will not be disturbed if its decision is supported by substantial evidence which is sufficient to support the judgment. . Substantial evidence consists of evidence which a reasonable mind could properly accept as adequate to support a Conclusion. Id.; see also .
33. Here, the evidence was sufficient to establish a prima facie showing from which the jury could reasonably find that based upon a reasonable degree of medical probability, Plaintiff's injuries would have been less severe with a Fontana Safety Rail system. Moreover, Plaintiff presented other evidence, including the testimony of Fontana and Ronald G. Banks that prior to the accident they had informed the track operators that the type of rail installed at the track was dangerous and should be replaced. Thus, the jury in its role as the fact finder could reasonably determine that Defendants were aware of the potential hazard to jockeys arising from the continued use of the rail, and that Defendants failed to take reasonable precautions to protect Plaintiff and other riders from such hazard. See
4. Claim of Sovereign Immunity
34. Defendants sought to dismiss Plaintiff's claims on the basis that his claims did not fall within a recognized exception permitting suit against Defendants under the Tort Claims Act. They argue that sovereign immunity is not waived for design defects under Section 41-4-6, because Plaintiff's accident and his ensuing injuries were based on a claim that the track rail was improperly designed and laid out. Defendants argue that liability under Section 41-4-6 must be based upon a claim for injuries which occurred as a result of a physical defect in the premises.
35. Although Defendants correctly argue that the Tort Claims Act does not waive sovereign immunity for negligence claims against the state or a public body where the proximate cause of the injury complained of is shown to stem from one or more design defects, ), certs. denied, 107 N.M. 785, 765 P.2d 758 (1988), we think it is clear that the injuries alleged here, involving whether the track rail was safe, relate to the "operation or maintenance" of the track. See id. (Section 41-4-6 contemplates waiver of immunity due to alleged defects in buildings and is generally intended to permit suit in situations involving premises liability). The trial court in the instant case correctly ruled that failure to correct an alleged hazardous condition caused by an exposed gooseneck rail did not constitute a design defect. Cf. ) (absence of guardrail adjacent to roadway held not to be design defect; instead, such omission falls within ambit of alleged negligence in maintenance of highway for which there is a waiver of immunity under Section 41-4-11), cert. quashed (Oct. 9, 1980).
5. Judge's Comments
36. During Plaintiff's case-in-chief, Dr. Sperry was ca
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