45th legislature - STATE OF NEW MEXICO - first session, 2001

RELATING TO CIVIL ACTIONS; LIMITING ACTIONS IN TORT.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

Section 1. LIMITATION OF ACTION--PRIMA FACIE TORT.--

A. A prima facie tort shall not be recognized as a cause of action in the courts of New Mexico.

B. For the purposes of this section, a "prima facie tort" is a claim by a plaintiff for damages on the basis that the defendant intended to cause the plaintiff harm and succeeded in doing so. The elements of a prima facie tort are as follows:

(1) the defendant intentionally acted or failed to act;

(2) the defendant intended that the act or failure to act would cause harm to the plaintiff or knew with certainty that the act or failure to act would cause harm to the plaintiff;

(3) the defendant's act or failure to act is the proximate cause of the plaintiff's harm; and

(4) the defendant's conduct was not justifiable under the circumstances.

C. This section does not limit any other action in tort.