 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Romero v. Byers3/16/1994
FRANCHINI, Justice.
This is a consolidated appeal arising from our grant of certiorari (No. 20,441), and acceptance of a related question certified from the Court of Appeals (No. 20,640), in the case of Romero v. Byers; and our acceptance of two questions certified to us from the United States District Court, District of New Mexico, in Sears v. Nissan (No. 20,794).
In Romero, we consider whether New Mexico should recognize a claim for loss of spousal consortium. We hold that the time has come for New Mexico to recognize that claim. On certiorari in No. 20,441, we reverse the Court of Appeals' holding that the surviving spouse could not recover damages for loss of consortium in her own right.
With regard to the related question certified from the Court of Appeals, the trial court, in ruling on a motion in limine, found that loss of consortium damages may not be awarded for spousal loss of consortium under the New Mexico Wrongful Death Act, NMSA 1978, Sections 41-2-1 to 2-4 (Repl. Pamp. 1989) ("Act"). We affirm the trial court's grant of the motion in limine. The loss of consortium claim is a separate cause of action to be brought by the spouse. We note that Mrs. Romero is now deceased and hold that the action may continue through her personal representative.
In the first question from Sears, we consider two issues: First, whether the Act and Uniform Jury Instruction SCRA 1986, 13-1830 (Repl. Pamp. 1991) permit the award of damages for the non-pecuniary value of the decedent's life itself. The other issue is whether expert testimony by an economist is admissible to establish such a value. We hold that the value of life itself is compensable under our Act. Whether or not expert testimony is admitted for the purpose of proving this value is a matter best left to the rules of evidence of the applicable court.
The second question in Sears, regarding the loss to minor children from the wrongful death of a parent, also raises two issues: what is the proper measure of damages, and whether a claim for such recovery is possible under the present New Mexico law on loss of consortium. In response to the first issue, we hold that loss of guidance and counseling by a minor child is a pecuniary injury under the Act. A jury is free to consider the "loss to the beneficiaries of expected benefits that have a monetary value" in awarding fair and just damages. The jury may also consider guidance and counseling as part of the "monetary worth of the life of the deceased." As to the second issue, SCRA 13-1830 does not bar recovery.
I
The Romero case arises out of an auto collision causing injuries subsequently resulting in the death of Eloy Romero. The personal representative of Romero's estate, his surviving spouse, Helen Romero ("Mrs. Romero"), and their daughter, filed an action seeking damages against the driver and owner of the other vehicle involved in the accident. The complaint included a count in which the spouse, Mrs. Romero, personally sought damages for loss of consortium and household services. The trial court dismissed that count, and the Court of Appeals summarily affirmed. We granted certiorari for the purpose of answering the question of whether a claim should be recognized for loss of spousal consortium.
Loss of Consortium
In the last three decades, this Court has had two occasions to consider whether to
allow such a common-law action. In 1963, we ruled that wives have no common-law claim to consortium. . Twenty-two years later, relying on Roseberry, w
Page 1 2 3 4 5 6 New Mexico Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|