MORGA v. FEDEX GROUND PACKAGE SYSTEM, INC.

No. S-1-SC-36918.

512 P.3d 774 (2022)

2022-NMSC-013

Alfredo MORGA, Individually and on behalf of the Estate of Ylairam Morga, Deceased, and as Next Friend of Yahir Morga, Minor Child; and Rene Venegas Lopez, Individually and as the Administrator of the Estate of Marialy Ruby Venegas Morga, Deceased, and Georgina Leticia Venegas, Individually, Plaintiffs-Respondents, v. FEDEX GROUND PACKAGE SYSTEM, INC., Ruben's Trucking, LLC a/k/a Ruben Reyes a/k/a Shooter's Express Trucking, Inc., the Estate of Elizabeth Sena Quintana, and M&K's Trucking, Inc., Defendants-Petitioners.

Supreme Court of New Mexico.

Filing Date: May 19, 2022.


Attorney(s) appearing for the Case

Rodey, Dickason, Sloan, Akin & Robb, P.A., Edward R. Ricco , Jeffrey M. Croasdell , Jocelyn C. Drennan , Brenda M. Saiz , Albuquerque, NM, Goodwin Procter LLP, William M. Jay , Washington, DC, for Petitioners.

Cervantes Law Firm, P.C., K. Joseph Cervantes , Las Cruces, NM, Scherr & Legate, PLLC, James Franklin Scherr , Sam Jackson Legate , El Paso, TX, L. Helen Bennett, P.C., Linda Helen Bennett , Albuquerque, NM, Daniel Anchondo , El Paso, TX, for Respondents.

Jarmie & Rogers, P.C., Mark Standridge , Las Cruces, NM, for Amicus Curiae New Mexico Defense Lawyers Association.

Butt, Thornton & Baehr, P.C., Monica R. Garcia , Rheba Rutkowski , Albuquerque, NM, for Amicus Curiae Trucking Industry Defense Association.


OPINION

{1} This case highlights the respective roles that the district court judge and the jury each serve in the inherently difficult task of awarding monetary damages for nonmonetary injuries. The jury awarded four Plaintiffs a total of more than $165 million in damages to compensate them for a tragic accident...

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