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Rodriguez v. Del Sol Shopping Center Associates, L.P.
New Mexico Supreme Court
326 P.3d 465 (2014)
A truck crashed into a medical clinic in the Del Sol Shopping Center (Del Sol). Three people were killed, and several others were injured. Two groups of plaintiffs sued Del Sol’s owners and operators (defendants), alleging that the plaintiffs’ injuries were caused by the defendants’ negligence. The plaintiffs submitted expert testimony that safety measures in the parking lot would have prevented the crash. The plaintiffs also submitted evidence of other businesses in the area that had installed such safety measures. However, the plaintiffs’ claims were dismissed on the grounds that the defendants did not owe a duty to the plaintiffs because the accident was not foreseeable as a matter of law. The plaintiffs appealed, and the court of appeals affirmed. The plaintiffs then petitioned the New Mexico Supreme Court for review.
Rule of Law
Holding and Reasoning (Chavez, J.)
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