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Rodriguez v. Del Sol Shopping Center Associates, L.P.

New Mexico Supreme Court

326 P.3d 465 (2014)

Relevant factsFree

A truck crashed into a medical clinic in the Del Sol Shopping Center, killing three people and injuring others. The victims sued Del Sol's owners and operators (defendants) for negligence, presenting expert testimony that parking-lot safety measures would have prevented the crash and evidence that comparable businesses had installed such measures. The lower courts dismissed the claims, finding the defendants owed no duty because the crash was not foreseeable as a matter of law, relying on statistics showing such crashes were improbable. The plaintiffs appealed to the New Mexico Supreme Court.

IssueFree

Whether foreseeability can be considered in determining whether a duty exists in a negligence case.

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