Herrera v. Quality Pontiac
New Mexico Supreme Court
73 P.3d 181 (2003)
An individual took his car to Quality Pontiac (Quality) (defendant), located in Albuquerque, New Mexico, for repairs. Quality instructed the individual to leave his keys in the car. The Quality lot had a fence surrounding the lot, but the gate was unlocked. Garcia entered the lot and looked into that car for something to steal. Discovering the keys in the car, Garcia stole the car. An officer observed Garcia speeding and pursued him. During the pursuit, Garcia collided with a car occupied by Ruiz and Encinias (plaintiffs), killing one occupant and seriously injuring another. Herrera, the personal representative of Ruiz and Encinias, filed suit against Quality for wrongful death and personal injury. Quality moved to dismiss for failure to state a claim upon which relief could be granted. Herrera objected to the motion. Herrera submitted an affidavit of a sociologist averring that Albuquerque had the second-highest motor vehicle theft rate in the country at the time of the accident. The affidavit also stated that the accident rate for stolen cars is about 200 times the accident rate for cars that have not been stolen. The trial court granted the motion. Herrera appealed.
Rule of Law
Holding and Reasoning (Serna, J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.
Here's why 170,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 13,800 briefs, keyed to 187 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.