AI Generated Opinion Summaries

This summary was computer-generated without any editorial revision. It is not official, has not been checked for accuracy, and is NOT citable.

Facts

• The plaintiff, Zia Trust, Inc., representing the estate of Bryan Trujillo (Decedent), filed a lawsuit against Leyna Aragon, the defendant, following an automobile accident that resulted in the Decedent's death. The plaintiff alleged negligence, negligence per se, wrongful death, and lost chance of survival, claiming the defendant's failure to provide immediate medical assistance reduced the Decedent's chances of survival (paras 3-4).

Procedural History

• District Court of Bernalillo County: Granted partial summary judgment for the defendant on the lost chance of survival claim, allowing wrongful death claims to proceed to trial (para 3).

Parties' Submissions

• Plaintiff: Argued that the defendant's negligence and failure to comply with applicable laws caused the Decedent's death. Additionally, claimed that the defendant's departure from the accident scene delayed medical services to the Decedent, who was alive post-accident, thus diminishing his survival chances. Relied on expert testimony to support the lost chance of survival claim (paras 3-4, 10).
• Defendant: Challenged the validity of the lost chance of survival claim and contended that the plaintiff's expert's opinions were speculative and insufficient to support such a claim. Also raised the defense of suicide as an intervening cause at trial (para 10).

Legal Issues

• Whether the district court erred in granting partial summary judgment on the lost chance of survival claim.
• Whether the jury should consider whether the Decedent attempted suicide.
• Whether instructing the jury that suicide was a defense to negligence was proper (para 11).

Disposition

• The district court's decision to exclude the emergency room doctor's opinion on the Decedent's chance of survival and grant partial summary judgment on the lost chance of survival claim was affirmed.
• The district court did not abuse its discretion in allowing the term "suicide" at trial.
• The instruction on suicide as an independent intervening cause, even if erroneous, was deemed harmless as the jury found no negligence on the part of the defendant (para 2).

Reasons

• The Court of Appeals, with Judge James J. Wechsler writing the opinion, held that the district court did not abuse its discretion in disallowing the emergency room doctor's testimony as speculative and in granting partial summary judgment on the lost chance of survival claim. The court found that the plaintiff's expert lacked sufficient facts to enable him to express a reasonably accurate conclusion, rendering his testimony speculative. Regarding the trial issues, the court determined that the use of the term "suicide" was permissible and that any error in instructing the jury on suicide as an independent intervening cause was harmless, given the jury's conclusion of no negligence by the defendant (paras 12-29).