Enriquez v. Cochran and Boy Scouts of
America, 126 N.M. 196 (Ct. App. 1998).
Rather than hire professionals to do
dangerous work, the Boy Scouts of America asked volunteers,
with no logging experience, to cut down a 60 foot tree. A
wonderful father and husband was severely brain damaged when
the top 20 feet of the tree fell backward into what he had
mistakenly believed was the "safe zone." After a verdict in
favor of Mr. Enriquez, the New Mexico Court of Appeals held
that organizations which ask people to engage in inherently
dangerous activities like cutting down large, dead trees, are
responsible for making sure it is done safely and providing
appropriate safety equipment.
Past successes cannot be an assurance of
future success because each case must be decided on its own
merits.