Section 64-18-7(B), supra, does not change that rule." Dahl v. Turner, 80 N.M. 564, 458 P.2d 816, 823 (App. 1969), cert. den. 80 N.M. 608, 458 P.2d 860 (N.M. 1969). We are persuaded that the maximum speed contained in I.C. § 49-681 which states, "[N]o person shall drive a vehicle at a speed in excess of such maximum limits: . . . (b) Fifty-five (55) miles per hour in other locations [outside urban districts]," is a safety statute and the violation of this positive inhibition is negligence per se. Johnson v. Emerson, 103 Idaho 350, 647 P.2d 806 (Ct.App. 1982).
Conversely, in Dahl v. Turner, the New Mexico Court of Appeals held that New Mexico's Good Samaritan law did not cover the mere act of transporting a person from the scene of an accident to another location. Dahl v. Turner, 458 P.2d 816, 823-24 (N.M.Ct.App. 1969). There are, however, stark differences between the present case and Dahl.
The test for negligence per se is the following: (1) there must be a statute which prescribes certain actions or defines a standard of conduct, either explicitly or implicitly, (2) the defendant must violate the statute, (3) the plaintiff must be in the class of persons sought to be protected by the statute, and (4) the harm or injury to the plaintiff must generally be of the type the legislature through the statute sought to prevent. See Fitzgerald v. Valdez, 77 N.M. 769, 427 P.2d 655 (1967) (failure to put lamp near vehicle at night); Sanchez v. J. Barron Rice, Inc., 77 N.M. 717, 427 P.2d 240 (1967) (failure to adjust furnace); Hisaw v. Hendrix, 54 N.M. 119, 215 P.2d 598 (1950) (failure to put flares out on road and failure to park off pavement); Turrietta v. Wyche, 54 N.M. 5, 212 P.2d 1041 (1949) (sideswiping); Clay v. Texas-Arizona Motor Freight, 49 N.M. 157, 159 P.2d 317 (1945) (speeding); Dahl v. Turner, 80 N.M. 564, 458 P.2d 816 (Ct.App. 1969) (speeding); . . ..Archibeque v. Homrich, 88 N.M. 527, 543 P.2d 820, 825 (1975).
See also Rodriguez v. New York City Health Hospitals, 505 N.Y.S.2d 345, 347 (N.Y.Sup.Ct. 1986) (holding a physician who arranged for a neighbor to be taken to a hospital rendered emergency treatment at the scene of an accident or other emergency within meaning of the Good Samaritan law). [¶ 18] We recognize there is caselaw tending to support the McDowells' argument that stopping at the scene of an accident and inquiring whether assistance is needed should not be covered by the Good Samaritan Act. See, e.g., Buck by Buck v. Greyhound Lines, Inc., 783 P.2d 437, 441 (Nev. 1989) (holding Good Samaritan law does not apply to provision of emergency care or services to uninjured or healthy persons); Dahl v. Turner, 458 P.2d 816, 824 (N.M. 1969) (holding Good Samaritan law did not apply to person who picked up accident victim who had rolled his car and provided him transportation into the city because such actions did not constitute emergency care within meaning of the statute); Eoff v. Hal and Charlie Peterson Foundation, 811 S.W.2d 187, 192 (Tex.App. 1991) (holding the assistance of two persons in transporting an ill woman to the emergency room was not emergency care within meaning of Good Samaritan law); Howell v. City Towing Associates, Inc., 717 S.W.2d 729, 732 (Tex.App. 1986) (holding tow truck driver who, while giving accident victim ride home, called his dispatcher to arrange for an ambulance when the victim began exhibiting signs of a "stroke," was not providing emergency care within meaning of Good Samaritan law). To the extent these decisions cannot be distinguished on the bases of the particular statutory provisions involved or their peculiar facts, we find them unpersuasive because the limited and technical defi
First, as argued by appellants below, a requisite emergency did not exist at the time Reighley stopped to provide assistance. For our purposes, it is sufficient to consider the elements of an "emergency" by reference to the subject as contained in the case of Dahl v. Turner, 458 P.2d 816 (N.M.App. 1969). The Dahl court, after quoting the New Mexico statutory definition of emergency ("an unexpected occurrence involving injury or illness to persons, including motor vehicle accidents and collisions, disasters, and other accidents and events of similar nature occurring in public or private places" — N.M.S.A. 1953 (Repl.vol. 3) § 12-12-4), also noted:
The rule lists five general factors for the trial judge to consider in qualifying one offering medical evidence, some of which factors may or may not lead to the witness being licensed as a medical doctor. Determination of a witness's expertise rests within the sound discretion of the trial judge. See, e.g., State ex rel. State Highway Dep't v. Fox Trailer Court, 83 N.M. 178, 489 P.2d 1176 (1971); Dahl v. Turner, 80 N.M. 564, 458 P.2d 816 (Ct.App.), cert. denied, 80 N.M. 608, 458 P.2d 860 (1969). The Fierro reading of Section 52-1-28(B), on the other hand, substantially restricts the trial court's discretion by insisting upon a minimum qualification requirement that only those licensed to "practice medicine" (i.e., physicians and surgeons licensed to prescribe drugs) possess adequate medical knowledge to satisfy the statute.
Edison also argued that Dr. Simpson's opinion had an inadequate base because he had not himself observed Ramsdell's car, and, more generally, because some of his data (not all) were drawn from pictures or remoter sources. But it is surely not a condition of receiving opinions of experts that they shall have derived them entirely from direct personal observation; as to use of pictures, see Reardon v. Marston, supra; Bohach v. Thompson, 307 Minn. 332 (1976); Dahl v. Turner, 80 N.M. 564 (1969); Kettle v. Smircich, 415 S.W.2d 935 (Tex.Civ.App. 1967); but cf. Tiemeyer v. McIntosh, 176 N.W.2d 819 (Iowa 1970); Levine v. Remolif, 80 Nev. 168 (1964). It is of course important that the grounds and assumptions of the opinions be made clear to the triers, and analysis of sources may undermine the inferences and so the final conclusions.
The test for negligence per se is the following: (1) there must be a statute which prescribes certain actions or defines a standard of conduct, either explicitly or implicitly, (2) the defendant must violate the statute, (3) the plaintiff must be in the class of persons sought to be protected by the statute, and (4) the harm or injury to the plaintiff must generally be of the type the legislature through the statute sought to prevent. See Fitzgerald v. Valdez, 77 N.M. 769, 427 P.2d 655 (1967) (failure to put lamp near vehicle at night); Sanchez v. J. Barron Rice, Inc., 77 N.M. 717, 427 P.2d 240 (1967) (failure to adjust furnace); Hisaw v. Hendrix, 54 N.M. 119, 215 P.2d 598 (1950) (failure to put flares out on road and failure to park off pavement); Turrietta v. Wyche, 54 N.M. 5, 212 P.2d 1041 (1949) (sideswiping); Clay v. Texas-Arizona Motor Freight, 49 N.M. 157, 159 P.2d 317 (1945) (speeding); Dahl v. Turner, 80 N.M. 564, 458 P.2d 816 (Ct.App. 1969) (speeding); Prosser § 36, supra. Sections 64-18-8 and -16 supra require that all motorists drive on the right hand side of the road except in certain instances.
Ordered that petition for writ of certiorari be and the same is hereby denied. Further ordered that the record in Court of Appeals Cause No. 317, 80 N.M. 564, 458 P.2d 816, be and the same is hereby returned to the Clerk of the Court of Appeals.
The fact-finder could reasonably infer from the officer's testimony that the construction zone speed limit was posted. See State v. Tarin, 2014-NMCA-080, ¶¶ 7, 13, 331 P.3d 925 (stating that a prima facie case for a speeding violation is established when the state presents evidence that the speed limit was posted on a visible sign along the roadway, giving drivers proper notice of the designated speed limit, and a driver exceeds the posted speed limit; Dahl v. Turner, 1969-NMCA-075, ¶ 35, 80 N.M. 564, 458 P.2d 816 (explaining that, once alteration is authorized, the altered speed becomes the speed limit). To the extent that Defendant is claiming that the officer's testimony was unreliable because he did not use radar or pacing, we believe that the fact-finder could rely on the officer's physical observations.