(Download) "Lewis V. Rodriguez" by New Mexico Court of Appeals # Book PDF Kindle ePub Free
eBook details
- Title: Lewis V. Rodriguez
- Author : New Mexico Court of Appeals
- Release Date : January 05, 1988
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 53 KB
Description
Defendant Abe Rodriguez (Rodriguez) appeals from a judgment for plaintiff Herbert C. Lewis (Lewis) after a jury verdict. Lewis filed suit against Rodriguez for negligent administration of a polygraph examination, alleging professional malpractice. Two issues are raised on appeal: (1) whether the trial court erred in instructing the jury under a malpractice theory of negligence, as opposed to a simple negligence theory; and (2) whether the trial court erred in failing to instruct the jury on what is commonly referred to as the "locality rule," under which a professional person is bound to the standard of care established by other like professionals practicing under similar circumstances, giving due consideration to the locality involved. Implicit in Issue (1) is the sub-issue of whether a polygraph examiner is a professional.
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