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Diaz v. McMahon9/12/1991
Plaintiff Arturo Diaz (employee) appeals from the order of the trial court granting defendants' motion for summary judgment on both counts of employee's common-law negligence and strict liability claims against his employers (defendants). We discuss whether genuine issues of material fact exist concerning employee's claim that defendants breached their duty to provide a reasonably safe place to work with respect to the two accidents suffered by employee. We hold that disputed fact issues do exist and therefore reverse. We also take this opportunity to clarify the duty of an employer to its employees.
FACTS
Employee was employed at defendants' dairy. His duties included driving the cows into the milking barn, cleaning the cows and milking machines, attaching the milking machines, returning the cows to a holding area, and checking the quality of the milk. His normal work shift began at 2:30 a.m. and ended about 7:00 a.m.
Employee's complaint sought recovery of damages for injuries received by him on two separate occasions due to the alleged negligence of defendants. He alleged in his first count that in October 1986 he was kicked by a cow in his shoulder and injured while attempting to attach a milking machine.
Following convalescence from his initial injury , employee returned to work; however, in February 1987 he was again injured when he was attempting to prevent a cow from getting away and stepped into an uncovered drain in a pen and injured his foot. Employee had been aware of the location of the drain since he began working for defendants in 1980. However, he testified by deposition that, at the time he fell into the drain, it was dark and it could not be seen.
In September 1988 employee sued defendants, alleging that they were negligent in failing to provide him a reasonably safe work place and proper tools and equipment, and that as a result of such negligence he had been injured. Defendants filed a motion for summary judgment as to both counts of employee's complaint. The motion for summary judgment was supported by the deposition of Danny McMahon, defendants' son, who also served as the manager of Mickey's Cash and Carry Dairy owned by defendants. Employee filed a response opposing the motion relying upon his own deposition. Following a hearing, the trial court granted the motion for summary judgment dismissing each count of employee's complaint with prejudice.
Discussion
Resolution of employee's claims against defendants involves ascertaining the nature and the scope of defendants' duty to employee. Whether a duty exists is an issue of law to be resolved by the court. ; .
New Mexico case law holds that an employer has a duty to provide its employees with a reasonably safe work place. ; see also ; ), rev'd on other grounds, . Our case law also recognizes that an employer has a duty to furnish employees reasonably safe and suitable tools and equipment sufficient to do the work contemplated. Id. While the parties seem to agree with these general principles, they have different views as to how they should be applied to the facts of this case.
The duty of an employer to an employee for injuries resulting from hazards which are incident to the nature of the work performed is discussed in Restatement (Second) of Agency Section 499 (1958). The latter section states: "A master who has performed his duties of care is not liable to a servant harmed by a risk incident to the nature of the work." The commentaries to Section 499 indicate that a master is not liable to an injured employee for every risk incident to an individual's employment whe
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