MOBLEY v. GARCIA, 5254
| Decision Date | 14 April 1950 |
| Docket Number | No. 5254,5254 |
| Citation | 54 N.M. 175,217 P.2d 256,19 A.L.R.2d 553 |
| Parties | MOBLEY v. GARCIA et al. |
| Court | New Mexico Supreme Court |
Edward D. Tittmann, Hillsboro, for appellants.
Glen G. Hilford, Hot Springs, for appellee.
Appellee, Annabel C. Mobley, instituted this action against Juan J. Garcia, an insane person, Adrian Garcia, his guardian, and against the said Adrian Garcia individually, for damages resulting from an assault and battery committed upon her by the said Juan J. Garcia. She complains that on account of pain and suffering, hospital and medical expense, and for loss of earnings and earning capacity resulting from injuries sustained by her, she has been damaged in amount of $25,000.00. She also claims that she is permanently disabled to the extent of sixty per cent. Thesecharges are put in issue by a general denial. As a defense to the alleged loss of earnings and earning capacity, appellant urges that appellee had been and was at the time of the injuries being supported by the public welfare department of the State of New Mexico and that in consequence of such assistance, she suffered no loss of earnings nor loss of earning capacity. The cause was tried to the court without a jury, whereupon the court rendered judgment for appellee for $2,500.00 for pain and suffering, $299.55 for necessary medical treatment and hospital care, and for $1,800.00 for loss of earnings and earning capacity. The case was dismissed as to Adrian Garcia as guardian and individually. Appellant, claiming error, appeals from that part of the judgment allowing $1,800.00 for loss of earnings and earning capacity.
The findings essential to a decision are:
3. Juan J. Garcia is, and for long has been, a victim of epileptic seizures, and when he is in the throes of such attacks he is dangeroud to anyone who may come within his reach or to aid him, in that he has a tendency to strongly grasp and squeeze and hold and sometimes bite whoever then comes near. Before the occurrence in this suit complained of there is no record of his having ever attacked or hurt anyone except when he was in such an epileptic seizure.
4. At Hot Springs, on May 9, 1947, said Juan J. Garcia, at a time when he was not suffering an epilepitc attack or seizure, without warning ran after and caught and made an unprovoked, violent physical attackupon the plaintiff Annabel C. Mobley. He grabbed her by the hair, beat her with his fists, threw her to the ground, pounded her head on the ground, jumped on her with his knees and feet, rendered her unconscious, and severely injured her. As a result of this attack and beating Mrs. Mobley was bruised, cut, suffered brain concussion, was unconscious for some three days next ensuing, was in the hospital for eight days and thereafter bedfast for some three weeks; she suffered great physical pain, and physical, nervous and mental shock, and she still suffers therefrom. Her condition has greatly improved but she still suffers from the nervous shock and condition induced, as well as physical pain in her chest and severe headaches and, according to the medical testimony, such conditions to some extent will continue for one to three years more, and to some extent such conditions may be permanent.
5. At the time when she was so attacked and injured Mrs. Mobley was employed as a waitress in a Hot Springs restaurant, at which employment she was then earning and receiving approximately $24.00 a week; and also she was doing the housework in her own home. On the day of the attack, which occurred at her home, she was temporarily absent from her said employment as waitress to assist in movingher home to another place of residence in Hot Springs. For about a year next before the date of the attack she had been working as waitress at various restaurants in Hot Springs.
6. In January, 1937, upon her application therefor the plaintiff was put upon the relief rolls in Sierra County, by the Department of Public Welfare, and thereafter she remained on said relief rolls and received a sum monthly, as relief payment, up until and after the time of the attack and injury suffered by her as aforesaid. The amounts of such relief payments ranged from $20.00 to high of $42.00 a month during that period. At the time she applied to be and was first put on said relief rolls the plaintiff's presence in her home was required for the care of her little daughter, then about five years old; and plaintiff was then unable to find profitable employment in those depression years. The relief allowances so paid were for the plaintiff and her daughter.
7. Since the time of her injury, May 9, 1947, the plaintiff has been unable to work as a waitress or at any employment or to do her own housework in her home, except to a very limited extent.
8. For the treatment of her wounds and injuries the plaintiff paid and incurred expenses in the amount of $299.55.
9. The plaintiff...
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