MIRELES v. BRODERICK

No. 20375.

872 P.2d 863 (1994)

117 N.M. 445

Mary Ann MIRELES, Plaintiff-Petitioner, v. Thomas BRODERICK, Defendant-Respondent.

Supreme Court of New Mexico.

April 4, 1994.


Attorney(s) appearing for the Case

William S. Ferguson, Albuquerque, for plaintiff-petitioner.

Rodey, Dickason, Sloan, Akin & Robb, P.A., Bruce D. Hall, Albuquerque, for defendant-respondent.


OPINION

RANSOM, Justice.

On petition of Mary Ann Mireles, we issued a writ of certiorari to the Court of Appeals to decide (1) whether the doctrine of res ipsa loquitur is restricted to events from which the jury, without assistance of expert testimony, could infer negligence from common knowledge that such events do not otherwise ordinarily occur; and (2) what responsibility the trial court has in response to a request for a jury instruction on a theory...

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