New Mexico Forms Library

13-1647. Negligence in [hiring] [supervising] [retaining] an employee.¹

            To establish the claim of negligence in [hiring] [supervising] [retaining] an employee, ____________________ (name of the plaintiff) has the burden of proving the following:

            1.         _____________________ (Name of the defendant) was the employer of ____________________ (name of the employee);

            2.         _____________________ (Name of the defendant) knew or should have known that [hiring] [retaining] [supervising] [______________________ (insert other employer conduct)²] ____________________ (name of the employee) would create an unreasonable risk of injury to [a group or class that includes the plaintiff] [__________________ (insert name of the plaintiff)];

            3.         ____________________ (Name of the defendant) failed to use ordinary care in [hiring] [retaining] [supervising] [_________________________ (insert other employer conduct)²] ________________________(name of employee);

            4.         __________________ (Name of the defendant)’s negligence in [hiring] [retaining] [supervising] [__________________________ (insert other employer conduct)²] was a cause of ____________________ (name of the plaintiff)’s injury.

USE NOTES

            1.         In addition to this instruction, the jury should be instructed on negligence, UJI 13-1601 NMRA, ordinary care, UJI 13-1603 NMRA, and causation, UJI 13-305 NMRA.

            2.         See Lessard v. Coronado Paint and Decorating Center, Inc., 2007-NMCA-122, ¶¶ 28, 37, 142 N.M. 583, 168 P.3d 155 (quoting the Restatement (Third) of Agency § 7.05(1) (2006) for the proposition that "[a] principal who conducts activity through an agent is subject to liability for harm to a third party caused by the agent’s conduct if the harm was caused by the principal’s negligence in selecting, training, retaining, supervising, or otherwise controlling the agent").

[Adopted by Supreme Court Order No. 10-8300-029, effective December 3, 2010.]