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Talbott v. Roswell Hospital Corp.6/22/2005
ulic system. The Hospital argues that in either case, the pilot's error constituted inattention or lack of diligence, not a lack of skill or experience.
The Hospital's argument is dependent upon a narrow view of the evidence. In addition to the evidence of the specific acts or omissions of the pilot that led to the crash, Plaintiffs presented evidence of MAT's history. Specifically, Plaintiffs introduced evidence that an investigation by the Hospital prior to its association with MAT would have revealed that the majority of MAT's pilots had failed spot checks, that the FAA found MAT's training and operations manuals to be deficient, and that MAT had been investigated for misrepresenting pilot training. Furthermore, Plaintiffs introduced evidence that the pilot responsible for the accident lacked sufficient flight experience to meet industry standards.
Taking a broad view of the evidence that was presented below, the jury could have found that MAT had a poor safety record, specifically with respect to pilot training and experience. The jury could further have found that this quality made it negligent for the Hospital to employ MAT. As previously stated, the evidence indicated that the accident of October 19, 2001, was caused by overly aggressive maneuvering or failure to perform a safety check. There was also evidence that the pilot had too few hours of flight experience to meet industry standards and lacked experience flying under the conditions that were present at the time of the accident. Once again, taking a broad view of the evidence that was presented at trial, the jury could have inferred that either the aggressive maneuvering or the failure to perform the safety check was caused by the pilot's lack of skill or experience or by the pilot's lack of safety training. In summary therefore, the jury could have found that the qualities of MAT that the Hospital negligently failed to discover, disregard for pilot qualifications and safety, caused the crash.
The Hospital asserts that the foregoing theory, by which the crash is attributed to pilot inexperience, is but a possibility. Because it is equally possible that the crash was caused by pilot inattention or lack of diligence, the Hospital argues that Plaintiffs failed to sustain their burden of proof. See Alberts v. Schultz, 1999-NMSC-015, 29, 126 N.M. 807, 975 P.2d 1279 (observing, in the context of a medical malpractice action, that "the plaintiff must introduce evidence that the injury more likely than not was proximately caused by the act of negligence" in question). However, the Hospital's argument amounts to an invitation to weigh the evidence. This Court cannot supplant the jury in this regard. See Dawley v. La Puerta Architectural Antiques, Inc., 2003-NMCA-029, 12, 133 N.M. 389, 62 P.3d 1271 ("On appeal, we do not re-weigh the evidence or substitute our judgment for that of the fact-finder, but determine whether substantial evidence supports the result reached."). It is for the jury to weigh the evidence, and in this case, the jury could reasonably have found Plaintiffs' hypothesis to be more compelling than the Hospital's. See Bank of N.M. v. Rice, 78 N.M. 170, 173-74, 429 P.2d 368, 371-72 (1967) (observing that if reasonable minds may differ as to a conclusion to be reached under the evidence or permissible inferences, resolution of the issue is for the jury to determine); see also State v. Chandler, 119 N.M. 727, 732, 895 P.2d 249, 254 (Ct. App. 1995) (stating that when a criminal defendant urges the equal hypotheses argument, appellate court's answer is that the jury, by its verdict, demonstrated that it considered the hypothesis it found to be more reasonable).
Jury Instruction Issues
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