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Gutierrez v. Albertsons, Inc.

113 N.M. 256 (N.M. Ct. App. 1992)
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Gutierrez v. Albertsons, Inc.

2 Citing cases

  1. Couch v. Astec Indus

    132 N.M. 631 (N.M. Ct. App. 2002)   Cited 49 times
    Holding that “unsafe features in [the d]efendant's plant do not give rise to an inference [of] reckless[ness]” when the plaintiff did not provide any additional evidence “to show that the safety problems arose from or reflected a reckless indifference, a culpable mind, actual malice, a conscious disregard for workers' safety, or that [the d]efendant simply disregarded applicable safety features”

    Jury instructions not objected to become the law of the case. Gutierrez v. Albertsons, Inc., 113 N.M. 256, 259 n. 1, 824 P.2d 1058, 1061 n. 1 (Ct.App. 1991). Consequently, we hold that Defendant failed to preserve the argument it now makes on appeal.

  2. Baca v. Albuquerque Sam's Club #4938

    Civ. No. 14-1051 KG/LF (D.N.M. Nov. 23, 2015)

    The allowable time to discover and to remove a dangerous condition or to warn of the dangerous condition depends on the circumstances of each case. Gutierrez v. Albertsons, Inc., 1991-NMCA-135, ¶ 34, 113 N.M. 256. Premises liability, however, cannot "be presumed from the fact that an injury occurred" or from "the mere presence of a slick or slippery spot on a floor...." Id. at ¶ 16; Williamson v. Piggly Wiggly Shop Rite Foods, Inc., 1969-NMCA-088, ¶ 3, 80 N.M. 591.