Romero v. Mervyn’s
New Mexico Supreme Court
784 P.2d 992 (N.M. 1989)
Lucy Romero (plaintiff) fell down an escalator and injured her jaw while shopping at Mervyn's Department Store (defendant) on a busy day. The acting store manager, Wolf, promised Romero that Mervyn's would cover her medical bills, but seemed rushed and nervous during the conversation, and his promise turned out to be inconsistent with store policy. When Romero submitted $2,041 in medical bills, Mervyn's refused to pay, and she sued in contract and negligence. The trial court awarded her $2,041 in compensatory damages and $25,000 in punitive damages on the contract claim, and Mervyn's appealed.
Whether punitive damages may be recovered for breach of contract when the defendant's conduct was malicious, fraudulent, oppressive, or recklessly indifferent to the plaintiff's rights.