Romero v. Mervyn’s
New Mexico Supreme Court
784 P.2d 992 (N.M. 1989)
Lucy Romero (plaintiff) was shopping in Mervyn’s Department Store (Mervyn’s) (defendant) with her daughters on the day after Thanksgiving, one of the busiest shopping days of the year. Romero was bumped and fell down an escalator, injuring her jaw. Dennis Wolf, the acting store manager, met with Romero and her daughters right after the incident. According to Romero, Wolf promised that Mervyn’s would pay for any medical expenses she incurred. Romero also testified that during the meeting Wolf “seemed to be kind of nervous and in a hurry since the store was busy.” Mervyn’s presented evidence that indicated that Wolf’s promise was inconsistent with Mervyn’s policy in these types of matters. As a result of her injuries, Romero incurred medical bills in the amount of $2,041. Mervyn’s refused to reimburse her so Romero brought suit under contract and negligence theories. On her contract claim, the Santa Fe District Court awarded Romero $2,041 in compensatory damages and $25,000 in punitive damages. Mervyn’s appealed.
Rule of Law
Holding and Reasoning (Ransom, 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 166,000 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.