Rhoda Goodloe, et al. v. Darby Bookout, et al.

Negligence – Vehicle Collision – Plaintiff Rhoda Goodloe (Goodloe) is the mother of Plaintiff Jeannie Goodloe Victoria (Victoria). Victoria was a passenger in Goodloe's vehicle when it collided with a vehicle owned by J.W. Bookout and driven by Darby Bookout. The collision occurred as the Bookout vehicle was exiting the Goodard High School parking lot onto Country Club Road in Roswell. Defendant Hayden Evans allegedly contributed to causing the accident by negligently waving or motioning Darby Bookout to exit the parking lot.

One attorney filed the complaint of both Plaintiffs against the Defendants. Later when the answers to the complaint alleged comparative fault by both Plaintiffs, separate counsel was obtained for Victoria.

The court decided that the interests of the Plaintiffs were so aligned, that only one Plaintiff would be permitted to cross-examine each witness to liability. Victoria's attorney gave the opening statement for both Plaintiffs, and only one of the attorneys questioned each of the eight Plaintiffs' witnesses.

Sergeant Mike Greengrass was called to testify. He was the police who investigated the accident and authored the police report.

After trial, Plaintiffs moved for a new trial on the grounds that (1) cross-examination had been restricted and (2) the jury had been contaminated by improper communications prior to deliberations. In support of the second ground, they offered an affidavit by an alternate juror which asserted that during trial several jurors had discussed the facts of the case and their opinions of the evidence. The motion was denied by the district court.

Judgment was entered for Defendants.

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The judgment was affirmed by the Court of Appeals of New Mexico. See: 980 P.2d 652 (N.M.App. 1999). The date reflects tha appellate decision and not the date of the original trial. Reported by EMDH.