Bartlett v. New Mexico Welding Supply, Inc – Case Brief Summary (New Mexico)

In Bartlett v. New Mexico Welding Supply, Inc., 98 N.M. 152, 159, 646 P.2d 579, 586 (Ct. App. 1982), joint and several liability between negligent tortfeasors was abolished, and we reiterated the foregoing statement from Rizzo.

The Court added that under pure comparative negligence, "the jury must ascertain the percentage of negligence of all participants to an occurrence." Id. at 159, 646 P.2d at 586.

The doctrine of pure comparative negligence adopted in New Mexico simply recognizes that the fault of two or more parties may combine to cause an injury. It denies recovery to a plaintiff to the extent his fault contributed to his own injury.