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Talbott v. Roswell Hospital Corp.6/22/2005
s a question of law that this Court reviews de novo." Davis v. Bd. of County Comm'rs, 1999-NMCA-110, 11, 127 N.M. 785, 987 P.2d 1172. However, " here the facts and circumstances of the relationship between the parties are at issue, existence of a duty may become a mixed question of law and fact under which the fact issue must be submitted to the jury for resolution." Eckhardt v. Charter Hosp., Inc., 1998-NMCA-017, 39, 124 N.M. 549, 953 P.2d 722 (internal quotation marks and citation omitted). Therefore, we must evaluate the facts and circumstances surrounding the Hospital's dealings with MAT to determine whether the nature of their relationship should have been assessed by the jury, rather than the district court.
The applicability of Section 411 hinges on MAT's status as an independent contractor. An independent contractor is defined as "a person who contracts with another to do something for him but who is not controlled by the other nor subject to the other's right to control with respect to his physical conduct in the performance of the undertaking." Restatement (Second) of Agency § 2(3) (1958) (emphasis added); see Chavez v. Sundt Corp., 122 N.M. 78, 82, 920 P.2d 1032, 1036 (1996); Harger v. Structural Servs, Inc., 121 N.M. 657, 664, 916 P.2d 1324, 1331 (1996). The emphasized portions of this definition form the basis of the Hospital's challenge on appeal. Specifically, the Hospital contends that (1) it entered into no contract with MAT and (2) MAT provided no services to the Hospital. We address each of these sub-issues in turn.
1. Existence of a Contractual Relationship
In regard to the existence of a contract, the following undisputed evidence was presented. MAT's founders approached the Hospital in July of 2000, seeking to base an air ambulance service at the Hospital. The negotiations did not culminate in a formal, written contract. However, the parties reached an oral agreement, and the minutes of a Hospital board meeting described the resulting relationship as contractual. Under the terms of the agreement, MAT was permitted to base its helicopter at the Hospital's helicopter pad. Furthermore, MAT was given preferential status, such that MAT was granted the first opportunity to provide transport services for the Hospital's patients. The Hospital also agreed not to displace MAT arbitrarily. Financially, the Hospital and MAT remained wholly separate, and no monies were exchanged. The Hospital received no portion of the funds paid by patients for air transport services, and MAT received no remuneration from the Hospital. Pursuant to this agreement, MAT commenced operations in December of 2000.
" hen the existence of a contract is at issue and the evidence is conflicting or permits more than one inference, it is for the finder of fact to determine whether the contract did in fact exist." Eckhardt, 1998-NMCA-017, 39 (quoting Garcia v. Middle Rio Grande Conserv. Dist., 99 N.M. 802, 807, 664 P.2d 1000, 1005 (Ct. App. 1983), overruled on other grounds by Montoya v. AKAL Sec., Inc., 114 N.M. 354, 357, 838 P.2d 971, 974 (1992)) (internal quotation marks omitted). Accordingly, we must determine whether the foregoing evidence conclusively established the existence of a contract.
Although the evidence described above is indicative, no single fact or feature is determinative. Neither the absence of a formal, written agreement nor the lack of pecuniary interest is fatal to the existence of a contract. See Wester v. Trailmobile Co., 59 N.M. 73, 76-77, 279 P.2d 526, 528 (1955) (observing that any benefit to the promisor or detriment to the promisee constitutes consideration); see generally 1 Richard A. Lord, Williston on Contracts § 1:16, at 39 (1
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