New Mexico Forms Library
Decision Information
Rule Set 13 - Uniform Jury Instructions — Civil - cited by 588 documents
Decision Content
13-406. Employer sued; employment and scope of employment denied.
If you find that __________________ (name of employee) was the employee of __________________ (name of employer) and as acting within the scope of [his] [her] [its] employment at the time of the occurrence, then __________________ (name of employer) is liable to plaintiff for any wrongful act or omission of the employee.
However, if you find that __________________ (name of employee) was not the employee of __________________ (name of employer) or that [he] [she] was not acting within the scope of [his] [her] [its] employment at the time of the occurrence, then _________________ (name of employer) is not liable to plaintiff for any such act or omission.
USE NOTE
This instruction is to be used together with UJI 13-403 and 13-407 NMRA when there is a proper issue for jury deliberation as to liability of the employer for the wrongful acts of the employee.
[As amended, effective January 1, 1987; November 1, 1991.]