Lovato v. Plateau, Inc.

444 P.2d 613, 79 N.M. 428
CourtNew Mexico Court of Appeals
DecidedAugust 9, 1968
Docket172
StatusPublished
Cited by20 cases

This text of 444 P.2d 613 (Lovato v. Plateau, Inc.) is published on Counsel Stack Legal Research, covering New Mexico Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Lovato v. Plateau, Inc., 444 P.2d 613, 79 N.M. 428 (N.M. Ct. App. 1968).

Opinion

OPINION

OMAN, Judge.

This is an appeal by plaintiffs from a judgment entered upon a directed verdict for defendants.

There are disputes in the evidence as to some of the issues, and particularly as to where and how the fire started which damaged plaintiffs’ pickup truck and caused burns upon portions of plaintiffs’ bodies. However, the law is well established in New Mexico that in considering a motion by defendant for a directed verdict the trial court must view plaintiffs’ evidence in its most favorable aspect, indulging all reasonable inferences to be drawn therefrom and disregarding all unfavorable evidence and inferences. Bank of New Mexico v. Rice, 78 N.M. 170, 429 P.2d 368 (1967); Chandler v. Battenfield, 55 N.M. 361, 233 P.2d 1047 (1951) ; Nichols v. Texico Conf. Ass’n of Seventh Day Adv., 78 N.M. 787, 438 P.2d 531 (Ct.App.1968) ; Smith v. Loos, 78 N.M. 339, 431 P.2d 72 (Ct.App.1967).

By viewing the evidence in the light in which the trial court was obliged to view it, we are of the opinion that the trial judge properly directed the verdict. The evidence thus viewed shows that plaintiffs purchased a 1951 model pickup truck in 1964; this truck was in good condition on December 18, 1965; at about 4:00 p. m. on this date they and a third person were riding in the truck, and they drove into defendants’ service station; it was a cold, cloudy day and had snowed the preceding night; the snow had been cleared from the station driveway, which was surfaced with asphalt, and from the paved apron or area next to the gasoline pumps; the station lights were burning at the time and caused a glimmering on the wet asphalt; plaintiffs turned off the motor, remained in the cab of the truck, and ordered a dollar and seventy-five cents worth of gasoline; the capacity of the gasoline' tank on the truck was more than adequate to receive and hold the amount of gasoline ordered; this tank was located inside the cab of the truck and immediately behind the seat; it was filled through a spout extending from the tank out through the cab wall on the right side; defendant Martinez caused the amount of gasoline ordered to be pumped into the tank and then replaced the cap on the open end of the gas spout; the plaintiff, Saviniano Lovato, who was driving, then stepped on the starter and “heard kind of an explosion underneath, a swoosh sound, and * * * saw kind of a flash”; he opened the left door, told his wife the truck was on fire, and they got out through the left door; they went around the truck and saw fire on the driveway and some fire on the side of the truck in the area of the gasoline spout; they received burns as a result of their efforts in getting the passenger from the cab.

Other than by inference from the above recited facts, it is unknown what was burning, how the burning substance got upon the paved apron, how long it had been there, or what caused it to ignite. There is no evidence as to any notice to or knowledge on the part of anyone that any gasoline or other flammable substance had been spilled or otherwise caused to be present upon the apron or the driveway, or that any such substance was present, until after its ignition.

As above stated, all reasonable inferences from the evidence must be indulged in support of plaintiffs’ case. However, an inference is more than a supposition or a conjecture. It is a logical deduction from facts which are proven, and guess work is not a substitute therefor. Gray v. E. J. Longyear Co., 78 N M. 161, 429 P.2d 359 (1967); Tapia v. Panhandle Steel Erectors Co., 78 N.M. 86, 428 P.2d 625 (1967) ; Bolt v. Davis, 70 N.M. 449, 374 P.2d 648 (1962); Gonzales v. Shoprite Foods, Inc., 69 N.M. 95, 364 P.2d 352 (1961); Stambaugh v. Hayes, 44 N.M. 443, 103 P.2d 640 (1940). See also Alspaugh v. Mountain States Mutual Casualty Co., 66 N.M. 126, 343 P.2d 697 (1959). A reasonable inference is a conclusion arrived at by a process of reasoning. This conclusion must be a rational and logical deduction-from facts admitted or established by the evidence, when such facts are viewed in the-light of common knowledge or common experience. Gray v. E. J. Longyear Co., supra; Bolt v. Davis, supra. If the facts admitted or established by the evidence are equally consistent with two hypotheses, then these facts tend to prove neither. Hughes v. Walker, 78 N.M. 63, 428 P.2d 37 (1967); Bolt v. Davis, supra; Stambaugh v. Hayes, supra; Wilson v. Derrickson, 54 Del. 199, 175 A.2d 400 (1961).

In the present case the following facts-could logically lead to an inference that the burning substance was probably gasoline: the place where the fire occurred; the fact that gasoline was stored and dispensed through pumps in the immediate area; the-fact that gasoline might have reached the apron surface from these pumps; the fact that vehicles such as plaintiffs’, equipped. with gasoline tanks and gasoline burning engines from which gasoline might have reached the apron surface, were constantly-being stopped upon this surface; and the manner in which the material was probably ignited and in which it burned.

However, as to the contention that defendants were responsible for the presence of this gasoline, we agree with the evaluation of the evidence in this regard by the trial court when he observed:

“He [Defendant Martinez] testified that he didn’t remember that he had, he said he could have, but he doesn’t remember that he had, so I don’t think that you can presume from that evidence that he did in fact spill gasoline.”

In fact, he repeatedly stated on direct and cross examination that he had no recollection or memory of spilling any gasoline, and that he saw no gasoline around the truck. When pressed on cross examination, he did state that the spilling of some gasoline could have happened. But other than this testimony as to a possibility, which is completely contrary to his memory and observations, there is nothing to even suggest any possible negligence on the part of defendants in causing the presence of gasoline on the apron or driveway. We do not consider this evidence sufficient upon which to base a reasonable inference of negligence.

Plaintiffs contend that the gasoline may have been there for some time, and, thus, constituted a “pool of danger.” The difficulty with trying to reach this inference, as a reasonable conclusion, lies in the fact that there was no evidence of a pool of anything.

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Bluebook (online)
444 P.2d 613, 79 N.M. 428, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lovato-v-plateau-inc-nmctapp-1968.