Legal Opinion
Davis v. Board of County Commissioners
New Mexico Court of Appeals
Decided July 13, 1999No. 19,176PublishedCited by 42 opinions
1Opinion of the Court
OPINION
BOSSON, J.
{1} As a matter of first impression under New Mexico common law, we decide whether an employer owes prospective employers and foreseeable third persons a duty of reasonable care not to misrepresent material facts in the course of making an employment recommendation about a present or former employee, when a substantial risk of physical harm to third persons by the employee is foreseeable. If such a duty exists, we further address and decide whether law enforcement officers can be liable for a breach thereof under the New Mexico Tort Claims Act, NMSA 1978, § 41^-12 (1976) (the…
2Cases cited38 opinions
- Palsgraf v. Long Island R.R. Co.New York Court of Appeals · 1928
- Golden Spread Council, Inc. 562 of the Boy Scouts of America v. AkinsTexas Supreme Court · 1996
- Torres v. StateNew Mexico Supreme Court · 1995
- Calkins v. Cox EstatesNew Mexico Supreme Court · 1990
- Ramirez v. ArmstrongNew Mexico Supreme Court · 1983
33 more not listed; retrieve them via the Exa API.
3Cited by42 opinions
- Doe-3 v. McLean County Unit District No. 5 Board of DirectorsIllinois Supreme Court · 2012
- Lymon v. Aramark Corp.District Court, D. New Mexico · 2010
- Apodaca v. AAA Gas Co.New Mexico Court of Appeals · 2003
- Berlangieri v. Running Elk Corp.New Mexico Supreme Court · 2003
- Talbott v. Roswell Hospital Corp.New Mexico Court of Appeals · 2005
37 more not listed; retrieve them via the Exa API.