The Supreme Court of New Mexico reversed the decision of the Court of Appeals, ruling in favor of Del Sol. However, the Court took the opportunity to define foreseeability in relation to duty of care. The Court stated that liability for harm need to be determined upon the policy that the law code follows and not strictly on foreseeability alone. In this sense, the district court erred in their decision. However, the Supreme Court ruled in favor of Del Sol because, in their analysis of policy, and factoring in some foreseeability, where appropriate, they found that Del Sol is not liable for the harm caused.
Read the full decision here
This decision by the Supreme Court of New Mexico defined when foreseeability should be factored into breach-of-duty cases. The Court stated, “We do not hold that courts may never consider foreseeability; however, when a court does so, it is to analyze no-breach-of-duty or no-legal-cause as a matter of law, not whether a duty exists.”