N.M. R. Evid. 11-409
Evidence of furnishing, promising to pay, or offering to pay medical, hospital, or similar expenses resulting from an injury is not admissible to prove liability for the injury.
N.M. R. Evid. 11-409
Committee commentary. - The language of Rule 11-409 NMRA was amended in 2012 to be consistent with the restyling of the Federal Rules of Evidence, effective December 1, 2011, to make them more easily understood and to make style and terminology consistent throughout the rules. These changes are intended to be stylistic only. There is no intent to change any result in any ruling on admissibility.
[Adopted by Supreme Court Order No. 12-8300-015, effective for all cases pending or filed on or after June 16, 2012.]
ANNOTATIONS The 2012 amendment, approved by Supreme Court Order No. 12-8300-015, effective for all cases pending or filed on or after June 16, 2012, modified the title of the rule and rewrote the rule to make stylistic changes. Compiler's notes. - This rule is similar to Rule 409 of the Federal Rules of Evidence. Proper to show agent's authority. - In negligence action for failure of a retail store to control crowds, causing plaintiff to fall down an escalator, plaintiff could introduce evidence of the store operations manager's purported promise that the store would pay for any medical bills related to her fall, for the purpose of establishing that the manager had actual or apparent authority to bind the store to pay those expenses. Romero v. Mervyn's, 1987-NMSC-099, 106 N.M. 389, 744 P.2d 164. Offer to pay bills not admissible. - Store manager's statement to customer who slipped and fell on premises that store would "take full responsibility" was part of an offer to pay the customer's medical bills and did not constitute an admission against interest. Holguin v. Smith's Food King Properties, Inc., 1987-NMCA-060, 105 N.M. 737, 737 P.2d 96. Law reviews. - For article, "The Admissibility of Scientific Evidence Under the New Mexico and Federal Rules of Evidence," see 6 N.M.L. Rev. 187 (1976). For article, "Survey of New Mexico Law, 1979-80: Evidence," see 11 N.M.L. Rev. 159 (1981). Am. Jur. 2d, A.L.R. and C.J.S. references. - 29 Am. Jur. 2d Evidence § 480 et seq. Admissibility of evidence showing payment, or offer or promise of payment, of medical, hospital and similar expenses of injured party by opposing party, 65 A.L.R.3d 932. 32 C.J.S. Evidence § 379 et seq.