Potomac Ins. Co. v. Torres, No. 7633

Docket NºNo. 7633
Citation75 N.M. 129, 1965 NMSC 41, 401 P.2d 308
Case DateApril 19, 1965
CourtSupreme Court of New Mexico

Page 308

401 P.2d 308
75 N.M. 129
POTOMAC INSURANCE COMPANY and Leroy J. Miller, Plaintiffs-Appellees,
v.
Juan B. TORRES, Defendant-Appellant.
No. 7633.
Supreme Court of New Mexico.
April 19, 1965.

[75 N.M. 130] McAtee, Toulouse, Marchiondo, Ruud & Gallagher, Mary C. Walters, Albuquerque, for appellant.

Menig & Sager, Albuquerque, for appellees.

NOBLE, Justice.

Benjamin Torres, an unemancipated minor under 18 years of age, stole an automobile and, in attempting to evade a police pursuit, drove at speeds in excess of 60 miles per hour on crowded business streets. During the chase, he drove the car into the rear of Dr. Miller's automobile, which was stopped at a traffic light, and damaged it to the extent of $387.46. Potomac Insurance Company, having paid for the repair of the Miller car, with the exception [75 N.M. 131] of $50 which was deductible from its physical damage insurance policy, is now subrogated to Dr. Miller's cause of action.

Page 309

The trial court found that the damage to the Miller car was the malicious and willful act of Benjamin Torres and that at all times material he lived with his parents. Judgment was rendered against the minor and his father for these damages, and the father has appealed.

The pertinent portion of Sec. 22-21-1 N.M.S.A. 1953, which formed the basis of the suit reads:

'* * * any person * * * shall be entitled to recover damages in an amount not to exceed five hundred dollars ($500) * * * from the * * * parents of any unemancipated minor under the age of eighteen years, living with the parents, who shall maliciously or wilfully damage or destroy property * * * belonging to such * * * person * * *.'

It is not disputed that approximately one week prior to the date of the automobile collision, Benjamin Torres was taken to the Bernalillo County Detention Home for juveniles and thence removed to a hospital for treatment for injuries sustained. In violation of the order of the detention home, he returned to his residence upon being released from the hospital on about October 19, 1962, and remained there with his parents until October 23, 1962, when the acts complained of occurred.

This appeal presents the issue as to whether the trial court properly concluded that the Miller car was maliciously and willfully damaged by the minor while living with his parents within the meaning of $22-21-1, supra. The defendant contends that because the minor had been confined in the juvenile detention home; because he...

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21 practice notes
  • United Nuclear Corp. v. Allendale Mut. Ins. Co., Nos. 15094
    • United States
    • New Mexico Supreme Court of New Mexico
    • October 15, 1985
    ...in utter disregard for the consequences, * * *.' " Id. at 108, 560 P.2d at 172 (emphasis added), quoting Potomac Insurance Co. v. Torres, 75 N.M. 129, 131-32, 401 P.2d 308, 309 Curtiss upheld an award of punitive damages where the insurer intentionally refused to pay on a health policy clai......
  • People v. Adams, Docket No. 3940
    • United States
    • Court of Appeal of Michigan (US)
    • June 24, 1971
    ...more evil state of mind than wilfulness, the terms are virtually synonymous in the law. See Potomac Insurance Company v. Torres (1965), 75 N.M. 129, 401 P.2d 308; People v. Morrin (1971), 31 Mich.App. 301, 187 N.W.2d 8 See People v. Morrin, fn. 7, Supra. 9 See, generally, Note, The Void-for......
  • State v. Gattis, No. 9176
    • United States
    • New Mexico Court of Appeals of New Mexico
    • November 26, 1986
    ...act without just cause or excuse, or in utter disregard of the Page 502 [105 NM 199] consequences. Potomac Insurance Co. v. Torres, 75 N.M. 129, 401 P.2d 308 Some courts have held that statutes are not overbroad if they require a specific intent to threaten, harass, annoy, etc. "Freedom of ......
  • James D., In re, No. 53
    • United States
    • Court of Appeals of Maryland
    • February 4, 1983
    ...distinguishable from that of parents in Repko v. Seriani, 3 Conn.Cir. 374, 214 A.2d 843 (1965), and Potomac Insurance Company v. Torres, 75 N.M. 129, 401 P.2d 308 (1965), in both of which parents were held responsible notwithstanding the fact that the child in question was committed to the ......
  • Request a trial to view additional results
21 cases
  • United Nuclear Corp. v. Allendale Mut. Ins. Co., Nos. 15094
    • United States
    • New Mexico Supreme Court of New Mexico
    • October 15, 1985
    ...in utter disregard for the consequences, * * *.' " Id. at 108, 560 P.2d at 172 (emphasis added), quoting Potomac Insurance Co. v. Torres, 75 N.M. 129, 131-32, 401 P.2d 308, 309 Curtiss upheld an award of punitive damages where the insurer intentionally refused to pay on a health policy clai......
  • People v. Adams, Docket No. 3940
    • United States
    • Court of Appeal of Michigan (US)
    • June 24, 1971
    ...more evil state of mind than wilfulness, the terms are virtually synonymous in the law. See Potomac Insurance Company v. Torres (1965), 75 N.M. 129, 401 P.2d 308; People v. Morrin (1971), 31 Mich.App. 301, 187 N.W.2d 8 See People v. Morrin, fn. 7, Supra. 9 See, generally, Note, The Void-for......
  • State v. Gattis, No. 9176
    • United States
    • New Mexico Court of Appeals of New Mexico
    • November 26, 1986
    ...act without just cause or excuse, or in utter disregard of the Page 502 [105 NM 199] consequences. Potomac Insurance Co. v. Torres, 75 N.M. 129, 401 P.2d 308 Some courts have held that statutes are not overbroad if they require a specific intent to threaten, harass, annoy, etc. "Freedom of ......
  • James D., In re, No. 53
    • United States
    • Court of Appeals of Maryland
    • February 4, 1983
    ...distinguishable from that of parents in Repko v. Seriani, 3 Conn.Cir. 374, 214 A.2d 843 (1965), and Potomac Insurance Company v. Torres, 75 N.M. 129, 401 P.2d 308 (1965), in both of which parents were held responsible notwithstanding the fact that the child in question was committed to the ......
  • Request a trial to view additional results

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