Bartlett v. New Mexico Welding Supply, Inc.

Jane Bartlett (plaintiff) braked to avoid a car pulling back onto the road, and a truck owned by New Mexico Welding Supply (NM Welding) (defendant) was unable to stop in time and crashed into her; the driver of the first car was never identified. Under New Mexico's pure comparative negligence system, the jury found Bartlett suffered $100,000 in damages, apportioning 30 percent fault to NM Welding and 70 percent to the unknown driver. Bartlett moved to hold NM Welding liable for the full $100,000 under joint and several liability, but the trial court denied the motion and ordered a new trial on other grounds; NM Welding pursued an interlocutory appeal on the joint-and-several-liability question.