New Mexico Supreme Court· 4/23/1979
F & T CO. v. Woods
Citations
- 594 P.2d 745
- 92 N.M. 697
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that employer was not liable for tortious acts of off-duty employee
- holding that “we do not believe that the rape of plaintiff by defendant’s employee could be remotely considered to have been foreseeable by defendant or to be a natural or probable result of defendant’s retention of its employee”
- recognizing the long-established rule that proximate cause is ordinarily a question of fact but also recognizing that if reasonable minds cannot differ, causation is a question of law
- to hold employer liable for negligent hiring or retention, employer's negligence must be proximate cause of plaintiff's injuries
- rape of former customer by deliveryman was not foreseeable even though employer had knowledge of pri- or criminal record
- “It is not enough that plaintiff prove that defendant was negligent in hiring or retaining Sanders. In addition, plaintiff must prove that the negligent hiring or retention of Sanders was the proximate cause of the rape.” 594 P.2d at 747-748
Source: CourtListener parenthetical corpus (CC0).
Judges: Federici, McManus, Easley, Payne, Sosa
Read full opinion on CourtListenerCited by
39 cases in this archive cite this case; the 20 most cited are listed.
- Destefano v. GrabrianSupreme Court of Colorado· 1988-10-17· cited 349×
- Di Cosala v. KaySupreme Court of New Jersey· 1982-08-04· cited 223×
- Retherford v. AT & T Communications of the Mountain States, Inc.Utah Supreme Court· 1992-12-09· cited 135×
- Connes v. Molalla Transport System, Inc.Supreme Court of Colorado· 1992-06-29· cited 91×
- United Nuclear Corp. v. Allendale Mutual InsuranceNew Mexico Supreme Court· 1985-10-15· cited 82×
- Schmidt v. HTG, Inc.Supreme Court of Kansas· 1998-06-05· cited 71×
- Welsh Manufacturing, Division of Textron, Inc. v. Pinkerton's, Inc.Supreme Court of Rhode Island· 1984-03-09· cited 70×
- Lessard v. Coronado Paint & Decorating Center, Inc.New Mexico Court of Appeals· 2007-06-20· cited 65×
- Tallahassee Furniture Co., Inc. v. HarrisonDistrict Court of Appeal of Florida· 1991-07-31· cited 61×
- Doe v. Boys Clubs of Greater Dallas, Inc.Tex. App. Ct., 7th Dist. (Amarillo)· 1994-01-20· cited 59×
- Gaines v. Monsanto Co.Missouri Court of Appeals· 1983-05-24· cited 56×
- Cain v. Champion Window Co. of Albuquerque, LLCNew Mexico Court of Appeals· 2007-05-17· cited 53×
- Bottijliso v. Hutchison Fruit Co.New Mexico Court of Appeals· 1981-09-22· cited 46×
- Pittard Ex Rel. Pittard v. Four Seasons Motor Inn, Inc.New Mexico Court of Appeals· 1984-09-05· cited 42×
- Deerings West Nursing Center, a Division of Hillhaven Corp. v. ScottTex. App. Ct., 8th Dist. (El Paso)· 1990-05-02· cited 40×
- Watson v. City of HialeahDistrict Court of Appeal of Florida· 1989-11-07· cited 39×
- Valdez v. WarnerNew Mexico Court of Appeals· 1987-09-15· cited 38×
- Valdez v. WarnerNew Mexico Court of Appeals· 1987-06-02· cited 35×
- Los Ranchitos v. Tierra Grande, Inc.New Mexico Court of Appeals· 1993-08-27· cited 32×
- Narney v. DanielsNew Mexico Court of Appeals· 1992-12-18· cited 29×
Cites
14 cases in this archive are cited by this case.
- Mahoney v. JC Penney CompanyNew Mexico Supreme Court· 1962-06-26· cited 47×
- Archuleta v. PinaNew Mexico Supreme Court· 1974-03-08· cited 47×
- Bouldin v. SategnaNew Mexico Supreme Court· 1963-01-30· cited 45×
- Greenfield v. BruskasNew Mexico Supreme Court· 1937-05-18· cited 38×
- White v. MontoyaNew Mexico Supreme Court· 1942-06-01· cited 35×
- Hall v. BudagherNew Mexico Supreme Court· 1966-07-25· cited 31×
- Marchiondo v. RoperNew Mexico Supreme Court· 1977-05-10· cited 30×
- Ortega v. Texas-New Mexico Railway CompanyNew Mexico Supreme Court· 1962-03-29· cited 27×
- Williams v. HerreraNew Mexico Court of Appeals· 1972-04-14· cited 20×
- Stake v. Woman's Division of Christian Service of the Board of MissionsNew Mexico Supreme Court· 1963-12-23· cited 16×
- Simon v. AkinNew Mexico Supreme Court· 1968-12-16· cited 13×
- Kelly v. Board of Trustees of Hillcrest General Hospital, Inc.New Mexico Court of Appeals· 1974-11-27· cited 12×
- Maestas v. Alameda Cattle Co.New Mexico Supreme Court· 1932-08-03· cited 10×
- Hayes v. ReevesNew Mexico Supreme Court· 1977-11-15· cited 9×
Sourced from CourtListener / Free Law Project (CC0).
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