Solon Ex Rel. Estate of Ponce v. WEK Drilling Co.
New Mexico Supreme Court
1Opinion of the Court
OPINION
MONTGOMERY, Justice.
This, as we view it, is a Palsgraf1 case (though not a particularly good one). The question is whether one who owes a duty to another to provide that other with a safe place to work, and whose negligence in breaching that duty causes the death of the other, also owes a duty to the other’s parents so that they may sue the tortfeasor, in their own right, for damages sustained as a result of their son’s death. Framing the question in this way, we hold that the parents have no cause of action against the tortfeasor and uphold the district court’s ruling denying the…
Also in this document: Concurrence.
2Cases cited17 opinions
- Palsgraf v. Long Island R.R. Co.New York Court of Appeals · 1928
- Schear v. Board of County CommissionersNew Mexico Supreme Court · 1984
- Calkins v. Cox EstatesNew Mexico Supreme Court · 1990
- Bober v. New Mexico State FairNew Mexico Supreme Court · 1991
- Ramirez v. ArmstrongNew Mexico Supreme Court · 1983
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3Cited by39 opinions
- Herrera Ex Rel. Estate of Ruiz v. Quality PontiacNew Mexico Supreme Court · 2003
- Bourgeous v. Horizon Healthcare Corp.New Mexico Supreme Court · 1994
- Romero v. ByersNew Mexico Supreme Court · 1994
- Davis v. Board of County CommissionersNew Mexico Court of Appeals · 1999
- Fernandez v. Walgreen Hastings Co.New Mexico Supreme Court · 1998
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