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Talbott v. Roswell Hospital Corp.6/22/2005
The Hospital also seeks review of several of the jury instructions, focusing on the instruction submitted pursuant to UJI 13-302(B) NMRA. Because we reverse the judgment and remand on other grounds, and because we cannot know how the proceedings will unfold on remand, it is unnecessary for us to reach these issues. See, e.g., State v. Barragan, 2001-NMCA-086, 1, 131 N.M. 281, 34 P.3d 1157 (declining to reach a challenge to the jury instructions where the judgment was reversed and remanded on other grounds).
Evidentiary Issues on Cross-Appeal
Plaintiffs also raise two issues on cross-appeal, challenging the district court's exclusion of certain deposition testimony and the rejection of its proposed jury instruction on inherently dangerous activities. Once again, because we cannot know what will transpire on remand, it would be premature for us to act on Plaintiffs' request for rulings on these issues. See generally City of Las Cruces v. El Paso Elec. Co., 1998-NMSC-006, 18, 124 N.M. 640, 954 P.2d 72 ("We avoid rendering advisory opinions.").
CONCLUSION
For the foregoing reasons, we conclude that the district court improperly directed a verdict on the existence of an employer-independent contractor relationship in this case. We therefore reverse and remand for further proceedings.
IT IS SO ORDERED.
LYNN PICKARD, Judge
WE CONCUR:
IRA ROBINSON, Judge
RODERICK T. KENNEDY, Judge
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