Making a Difference

The following are some examples of cases in which Mr. Vigil created new case law making our communities safer:

Spencer v. Health Force, Inc.,
107 P.3d 504, 2005-NMSC-002

Supreme Court Holding:
Healthcare entities are required to practice safe screening, hiring, and retention practices to ensure that all patients and residents are safe.

Gardiner v. Galles Chevrolet Co.,
168 P. 3d 116, 2007-NMSC-052

Supreme Court Holding:
A resident defendant can be sued in any court where any defendant “resides” including counties in which a foreign corporation’s agent resides. This is consistent with the venue statue’s “good for one, good for all” rule.

Edward C. v. City of Albuquerque,
241 P.3d 1086, 2010-NMSC-043

Supreme Court Holding:
The Baseball Rule immunizing commercial stadium owners and teams is rejected. Commercial baseball stadiums are now required to keep spectators reasonably safe by not increasing the risk of being hit by projectiles leaving the field of play.

Estate of Gutierrez v. Meteor Monument LLC.,
274 P. 3d 97, 2012-NMSC-004

Supreme Court Holding:
The Supreme Court held that as a matter of first impression, the over-service of alcohol by liquor establishments can be proven by circumstantial evidence under an objective standard.