Lewis v. Rodriguez
759 P.2d 1012, 107 N.M. 430 (1988)
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Rule of Law:
A licensed polygraph examiner is considered a professional and is therefore subject to a professional malpractice standard of care, rather than a simple negligence standard, when administering a polygraph examination.
Facts:
- Herbert C. Lewis was employed as a corrections officer at the Bernalillo County Detention Center.
- Confidential informants alleged that Lewis was bringing drugs into the detention center.
- As a result of the allegations, Lewis's employer required him to submit to a polygraph examination administered by Abe Rodriguez.
- Lewis was told he would be terminated from his employment if he refused to take the examination.
- Lewis alleged that immediately before the test, Rodriguez became belligerent, yelled at him, and used obscenities, causing Lewis to be angry and upset during the examination.
- Lewis was terminated from his employment based on the results of the polygraph examination administered and scored by Rodriguez.
Procedural Posture:
- Herbert C. Lewis sued Abe Rodriguez in a state trial court for professional malpractice arising from a polygraph examination.
- At trial, Lewis submitted a jury instruction based on a professional malpractice standard of care, while Rodriguez argued for a simple negligence standard.
- The trial court judge ruled that a polygraph examiner is a professional and instructed the jury using the malpractice standard.
- The jury returned a verdict in favor of Lewis.
- Rodriguez, as appellant, appealed the resulting judgment to the intermediate court of appeals, with Lewis as the appellee.
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Issue:
Is a licensed polygraph examiner a professional who should be held to a professional malpractice standard of care rather than an ordinary 'reasonable person' standard of simple negligence?
Opinions:
Majority - Apodaca, Judge
Yes. A licensed polygraph examiner is a professional who must be held to a professional malpractice standard of care. In this case of first impression, the court determined that polygraphy meets the criteria of a profession by analyzing factors similar to those used in federal labor law. The work of a polygrapher is predominantly intellectual, requires the consistent exercise of discretion and judgment, and is based on specialized training and state licensure. Polygraphers exercise significant judgment when deciding if a subject is testable, formulating questions, interpreting physiological responses, and scoring results. Because the procedures and standards of polygraphy are not within the common knowledge of an average juror, it is appropriate to apply a malpractice standard, which necessitates expert testimony to establish the proper standard of care and any breach thereof.
Analysis:
This decision establishes a new precedent in New Mexico by legally classifying polygraph examiners as professionals for tort liability purposes. By elevating the standard of care from simple negligence to professional malpractice, the court significantly impacts future litigation against polygraphers. Plaintiffs will now be required to present expert testimony to establish the professional standard of care and prove a breach, making such lawsuits more complex and costly. This ruling aligns the field of polygraphy with other recognized professions like medicine or law, holding its practitioners to a higher, industry-specific standard of conduct.
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