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Talbott v. Roswell Hospital Corp.6/22/2005
31-32, 134 N.M. 43, 73 P.3d 181 (recognizing a duty of care on the part of a car repair business entrusted with an automobile); DeMatteo v. Simon, 112 N.M. 112, 114, 812 P.2d 361, 363 (Ct. App. 1991) (implicitly acknowledging a duty of care on the part of one who negligently entrusts a chattel, specifically an automobile). As a result, these cases cannot provide direct support for the extension of tort liability that Plaintiffs advocate.
The recognition of a legal duty involves consideration of both foreseeability and policy. Herrera, 2003-NMSC-018, 7. Although Plaintiffs assert that their novel theory comports with the foreseeability requirement, they are unable to identify any authority suggesting that public policy considerations would support the expansion of tort liability that they seek. In our estimation, adoption of Plaintiffs' novel theory would "`unwittingly impose unreasonable and uncertain duties.'" Gabaldon v. Erisa Mortgage Co., 1999-NMSC-039, 37, 128 N.M. 84, 990 P.2d 197 (quoting Robert M. Howard, The Negligent Commercial Transaction Tort: Imposing Common Law Liability on Merchants for Sales and Leases to "Defective" Customers, 1988 Duke L.J. 755, 758). As a result, we decline the invitation to adopt Plaintiffs' broad theory of tort liability.
Causation
By its second issue, the Hospital challenges the sufficiency of the evidence to establish a causal connection between its putative selection of MAT as an independent contractor and Decedent's death. The Hospital's arguments are addressed to both the element of cause in fact and the element of proximate cause.
Cause in Fact
"To establish liability, there must be a chain of causation initiated by some negligent act or omission of the defendant, which in legal terms is the cause in fact . . . of plaintiff's injury." Chamberland v. Roswell Osteopathic Clinic, Inc., 2001-NMCA-045, 18, 130 N.M. 532, 27 P.3d 1019. The Hospital asserts that Plaintiffs failed to establish this element below. Consequently, the Hospital contends that the district court erred in denying its motions for directed verdict and judgment notwithstanding the verdict.
In the course of the trial, representatives of MAT testified in some detail about the development of MAT's relationship with the Hospital. When the Hospital declined to enter a written contract, MAT considered alternate arrangements. Dr. Levy, who was largely responsible for MAT's presence in the Roswell area, testified that MAT was prepared to base its operations at the nearby airport if an agreement could not be reached with the Hospital. In light of this testimony, the Hospital asserts that MAT would have been operating in Roswell on the day of the accident, whether it had reached an operating agreement with the Hospital or not. Moreover, the training exercise that MAT was conducting on the day of the accident did not in any way involve providing patient services to the Hospital. As such, the Hospital argues that Plaintiffs would have suffered the same harm regardless of any negligence on the Hospital's part in associating with MAT.
If the foregoing evidence was undisputed, reversal might well be in order. However, the record contains other evidence from which the jury could reasonably have inferred that MAT would not have established operations in Roswell, and the training accident would not have occurred, if the Hospital had not entered into an agreement with MAT. Specifically, Dr. Levy testified that the first-call arrangement with the Hospital was essential to MAT's economic success. This evidence suggests that the relationship with the Hospital was key to MAT's presence in the Roswell area. Although the Hosp
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