Plummer V. Devore

Wilson Devore, Jr. (Devore) and his brother traveled from Crownpoint to Farmington on August 29, 1986, to do some shopping. Around midnight, they stopped at the Turnaround Bar. Devore stated that they engaged in private conversation until the bar closed at 2:00 a.m., and that during that time, he drank three or four beers. After the bar closed, Devore and his brother lingered in the parking lot for half an hour; made a brief stop at a gas station for fuel, coffee, and food; and headed back to Crownpoint. At 5:45 a.m., Devore's vehicle crossed the highway centerline fifty-eight miles south of Farmington and hit Edward Plummer's vehicle head-on. Plummer died from his injuries six weeks later. Devore admitted to falling asleep at the wheel, but denied passing out from intoxication. He maintained on both direct and cross-examination that he had only had three or four beers at the bar, and that he did not drink before arriving or after leaving the bar. When asked by plaintiffs' counsel whether he might have consumed more than four beers, however, Devore stated, "I can't answer that."