Ojo Cal. 1990
Jury: Hotel's negligence let drunk bather drown Ojo Caliente Mineral Springs Corp. and its owner, Frank Mauro, were ordered to pay $60,000 in punitive damages to the estate of a man who drowned in the baths there in 1985. A Taos jury Friday evening (Aug. 3) found the baths and its owner partially guilty of negligence in the death of- Paul Miller. The defense had argued that Miller was intoxicated at the time and was responsible for his own death. While the jury did not find the resort or Mauro totally responsible for the death, it did find that the corporation was 30 percent responsible and Mauro was 25 percent responsible for the death. The jury also found that Miller himself was 20'percent guilty; Miller's wife, Barbara, was 25 percent responsible; and that Miller's sister-in-law, Mary Bugg, was 5 percent responsible for the death. The jury ordered Mauro to pay 55 percent of $5,000, awarded as actual damages. Barbara Miller, suing on behalf of her husband's estate, claimed that the baths and their owner were responsible for the death because they didn't warn Miller that it was dangerous to enter the hot springs when intoxicated.