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1 SPENCER V. UNM HOSPITAL, 2004-NMCA-047, 135 N.M. 554, 91 P.3d 73 JAMES SPENCER, Personal Representative of the ESTATE OF HOPE RIGOLOSI, Deceased, Plaintiff-Appellant, v. UNIVERSITY OF NEW MEXICO HOSPITAL, UNIVERSITY OF NEW MEXICO BOARD OF REGENTS, and BENJAMIN WILLIAMS, Defendants, and HEALTH FORCE, INC., a New York Corporation doing business in the State of New Mexico, Defendant-Appellee.
Docket No. 22,702 COURT OF APPEALS OF NEW MEXICO 2004-NMCA-047, 135 N.M. 554, 91 P.3d 73 February 12, 2004, Filed APPEAL FROM THE DISTRICT COURT OF BERNALILLO COUNTY, William F. Lang, District Judge. Certiorari Granted, No. 28,532, April 23, 2004. Released for Publication May 17, 2004. COUNSEL Amalia S. Lucero, Lisa K. Vigil, Jacob G. Vigil, Vigil & Vigil, P.A., Albuquerque, NM, for Appellant. M. Eliza Stewart, Michele U. Estrada, Madison, Harbour, Mroz & Brennan, P.A., Albuquerque, NM, for Appellee. JUDGES JAMES J. WECHSLER, Chief Judge. WE CONCUR: JONATHAN B. SUTIN, Judge, CELIA FOY CASTILLO, Judge. AUTHOR: JAMES J. WECHSLER. OPINION

WECHSLER, Chief Judge. {1} Ben Williams, a man with a long criminal record, was hired as a caregiver by Health Force, Inc., and allegedly caused the death of Plaintiff's decedent, Hope Rigolosi, by injecting her with heroin. Plaintiff sued Health Force, alleging liability based on negligent hiring and retention and respondeat superior. The district court granted summary judgment on both claims, and Plaintiff appeals.

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