New Mexico Court of Appeals
778 P.2d 443 (1989)
Kelly Roderick (plaintiff) filed suit against Edgar Lake (defendant) and his brother Robert Lake (defendant) to recover damages for personal injuries he sustained when the car he was driving struck two horses that had darted out onto the road in front of him. Edgar and another man, Roland Hohenberg, were the owners of the two horses. Robert owned the fenced property on which the horses were kept. During a bench trial there was testimony that the horses were kept in a gated area at all times. Additionally, Edgar testified that he made sure the gate was latched prior to leaving the premises. However, after the accident it was discovered that the gate door had been “sprung open.” The trial judge found no negligence on the part of Robert and dismissed Roderick’s claims as to him. Additionally, the trial judge found Edgar and Hohenberg jointly and severally liable for the damages awarded to Roderick. The court based the pair’s liability on the doctrine of res ipsa loquitur as well as the negligent violation of state laws requiring those having custody of an animal to ensure that it remains on an individual’s premises. Edgar and Hohenberg appealed.
Rule of Law
Holding and Reasoning (Bivins, C.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 219,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 14,100 briefs, keyed to 189 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.