Reichert v. Atler
New Mexico Supreme Court
117 N.M. 623, 875 P.2d 379 (1994)
- Written by Liz Nakamura, JD
Facts
Tony and Josie Atler (defendants) owned and operated the A-Mi-Gusto Lounge (the bar). Alfredo Castillo was assaulted and killed by another bar patron, Pablo Ochoa. The bar did not have adequate security, and bar personnel did not summon the police. Joseph Reichert (plaintiff), as the personal representative of Castillo’s estate, filed a wrongful-death action against the Atlers, arguing that the Atlers were liable for failing to prevent Ochoa from assaulting and killing Castillo. The trial court held the Atlers liable for all damages, even though Ochoa was the assailant. The Atlers appealed, and the appellate court reversed, holding that, under the principles of comparative fault, the Atlers’ negligence should be compared to Ochoa’s intentional torts and the Atlers should be held liable only for their proportionate share of fault for Castillo’s death. The New Mexico Supreme Court granted certiorari.
Rule of Law
Issue
Holding and Reasoning (Ransom, J.)
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