(Download) "Spencer v. Health force" by Supreme Court of the State of Oklahoma * eBook PDF Kindle ePub Free
eBook details
- Title: Spencer v. Health force
- Author : Supreme Court of the State of Oklahoma
- Release Date : January 31, 2005
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 67 KB
Description
1 Plaintiff-Petitioner James Spencer, the personal representative of the estate of Hope Rigolosi, filed a wrongful death claim against Defendant-Respondent Health Force, Inc., based on negligent hiring, supervision, training, and retention of a home care worker, Ben Williams. Respondent filed a motion for partial summary judgment, and the district court granted the motion. Petitioner appealed to the Court of Appeals. The Court of Appeals affirmed the district court by unanimous opinion. Spencer v. Univ. of N.M. Hosp., 2004-NMCA-047, 2, 135 N.M. 554, 91 P.3d 73. The Court concluded that Respondent had no statutory duty to Rigolosi for the failure to perform a background check as required by the version of NMSA 1978, § 29-17-1 (repealed 1998) in effect at the relevant time because strict statutory compliance was not possible; because Respondents violation of the statute was excusable under a "justifiable violation doctrine;" because Respondent had no common law duty of reasonable care due to the existence of the statute; and because, as a matter of law, Respondents retention of Williams after he had allegedly stolen three narcotic pills from Rigolosi was not the proximate cause of her death. Spencer, 2004-NMCA-047, 16, 17, 23, 25. This Court granted Petitioners petition for writ of certiorari. See NMSA 1978, § 34-5-14(B) (1972). We reverse the Court of Appeals and the district court.
 "Spencer v. Health force" by Supreme Court of the State of Oklahoma * eBook PDF Kindle ePub Free){kind=link}