Demers v. Gerety

I dissent.

This case is before this court for the third time. In the original decision Demers v. Gerety, 85 N.M. 641, 515 P.2d 645 (Ct.App.1973), a jury decision in favor of the Plaintiff was affirmed. This court held there, among other things, that because the trial court correctly denied directed verdict and judgment n. o. v. motions as to one of Plaintiff’s theories “lack of consent to the operation” it was not necessary to decide whether the trial court was also correct as to Plaintiff’s other theories. The Supreme Court in Gerety v. Demers, 86 N.M. 141, 520 P.2d 869 (1974) reversed,…