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Martinez v. Northern Rio Arriba Electric Cooperative6/12/2002
ed on the sympathies of the jury and influenced the jury unfairly to award damages for breach of contract.
We note, however, that the special verdict form required the jury to differentiate between each of the claims raised by Martinez and to delineate the damages awarded. A jury is presumed to follow the court's instructions to consider evidence for one purpose but not another. Norwest Bank N.M., N.A. v. Chrysler Corp., 1999-NMCA-070, 40, 127 N.M. 397, 981 P.2d 1215. Accordingly, we will assume that the jury followed the court's instructions and appropriately gave separate consideration to each claim for relief and each amount of damages awarded. NORA is not entitled to a new trial.
CONCLUSION
The award of contract damages is affirmed, all other damages are reversed, and we remand for verdict restructuring and a recalculation of pre-judgment interest.
IT IS SO ORDERED.
RICHARD C. BOSSON, Chief Judge
WE CONCUR:
JAMES J. WECHSLER, Judge
MICHAEL D. BUSTAMANTE, Judge
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