384 P.3d 1098
N.M. Ct. App.2016Background
- Mercedes Christopherson died from complications after hospitalization for pancreatitis and infection at St. Vincent Hospital in late 2008.
- A jury found St. Vincent Hospital negligent, but the verdict on causation was hung after the first trial.
- A second trial focused on causation and concluded St. Vincent Hospital’s negligence did not cause Mercedes’ death.
- The district court granted a new trial on causation based on defense counsel’s misconduct during the second trial.
- A third partial trial was held to determine causation, and the jury found causation and awarded $2.25 million.
- St. Vincent Hospital appealed, challenging the partial retrial strategy, misconduct grounds, and the exclusion of expert testimony.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the district court properly ordered a partial retrial on causation | Christopherson argues causation is separable and a separate issue. | St. Vincent Hospital contends causation could not be isolated from negligence. | Yes; partial retrial on causation was proper. |
| Whether the third partial trial based on defense misconduct was permissible | Christopherson contends misconduct warranted corrective retrial. | St. Vincent Hospital asserts no prejudice requiring another trial. | Yes; district court did not abuse discretion in granting a third trial. |
| Whether the district court properly excluded Dr. Pike’s expert testimony on Xanax/marijuana | Christopherson argues testimony would help prove causation. | St. Vincent Hospital asserts lack of dosage data and reliability. | Yes; exclusion was not an abuse of discretion. |
Key Cases Cited
- Gasoline Products Co. v. Champlin Refining Co., 283 U.S. 494 (1931) (partial retrial only where issue is clearly distinct and separable)
- Buffett v. Vargas, 1996-NMSC-012, 121 N.M. 507, 914 P.2d 1004 (NM Supreme Court 1996) (partial retrials; issues must be separable)
- Sanchez v. Dale Bellamah Homes of N.M., Inc., 1966-NMSC-040, 76 N.M. 526, 417 P.2d 25 (NM Supreme Court 1966) (test for separability of issues; prejudice considerations)
- Conklin v. Hannoch Weisman, 678 A.2d 1060 (N.J. 1996) (retrials where multiple theories; impact on causation/grounding)
- Downey v. State, 2008-NMSC-061, 145 N.M. 232, 195 P.3d 1244 (NM Supreme Court 2008) (gatekeeping for reliability of expert testimony under Rule 11-702)
- Parkhill v. Alderman-Cave Milling & Grain Co. of N.M., 2010-NMCA-110, 149 P.3d 585 (NM, Court of Appeals 2010) (dosage/data requirements for causation testimony)
- Acosta v. Shell Western Exploration & Production, Inc., 2016-NMSC-012, 370 P.3d 761 (NM Supreme Court 2016) (limits of Acosta on general vs. specific causation and admissibility)