In a recent opinion, a state appellate court discussed a personal injury case involving a plaintiff’s claim against a utility company. The case arose when the plaintiff was injured in a serious truck accident that took place in an area that was not well lit by streetlights. The issue for the court to decide was whether the utility company could be held liable for the plaintiff’s injuries based on its failure to provide adequate light.
The case presents an interesting issue because under New Mexico personal injury law utility companies are not granted immunity in most cases. Thus, in New Mexico, a plaintiff may be able to pursue a claim against a utility company if a plaintiff can establish that a utility company violated a duty of care that resulted in their injuries.
The Facts of the Case
According to the court’s opinion, the plaintiff was walking with two others to a convenience store across the street from her home. The group stopped in the median as they were crossing the four-lane road. While the group was waiting for traffic to clear, a semi-truck crashed into them, seriously injuring the plaintiff and killing the two people who were with her. The truck driver later explained that he was unable to see the group standing in the road.