(DOWNLOAD) "Stetz V. Skaggs Drug Centers Inc." by New Mexico Court of Appeals # eBook PDF Kindle ePub Free
eBook details
- Title: Stetz V. Skaggs Drug Centers Inc.
- Author : New Mexico Court of Appeals
- Release Date : January 21, 1992
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 63 KB
Description
Both parties rely on this court's opinion in Davis v. Gabriel, 111 N.M. 289, 804 P.2d 1108 Ct. App. 1990). In Davis, the trial court directed a verdict for the defendant-lawyer in a malpractice suit. The basis of the directed verdict was that the plaintiff would not have recovered in the underlying suit against a contractor because of the open and obvious nature of debris which caused the plaintiff's fall. Id. at 290, 804 P.2d at 1109. We reversed the judgment, holding that the plaintiff's knowledge of the hazard would not necessarily bar his recovery in the underlying suit because the scope of the contractor's duty was to be determined by reference to the foreseeable behavior of "reasonably careful invitees." Id. at 292, 804 P.2d at 1111.
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