In addition to any other judicial relief, any person who shall be injured in his business or property by reason of anything forbidden in this act may sue therefor in the district court and shall recover actual damages by him sustained, and the cost of suit, including a reasonable attorney's fee. In an action for money damages, the court or jury may award punitive damages not to exceed three times the actual damages, if the defendant acted maliciously.
History: 1953 Comp., § 64-37-13, enacted by Laws 1973, ch. 6, § 13.
ANNOTATIONSCompiler's notes. — The term "this act", referred to in the second sentence, means Laws 1973, Chapter 6, which appears as 57-16-1 to 57-16-6, 57-16-7 to 57-16-9, 57-16-10 to 57-16-16 NMSA 1978. The reference probably should be to all of Chapter 57, Article 16 NMSA 1978.
Retail buyer's cause of action. — The statutory language of this article, the explicit legislative object of ensuring "a sound system" of motor vehicle sale and distribution within the state, and the intent to provide a remedy for warranty abuse, implies a retail buyer's cause of action against a manufacturer for such abuse. GMAC v. Anaya, 1985-NMSC-066, 103 N.M. 72, 703 P.2d 169.
Defendant's breach of contract was not malicious. — Where plaintiff sued defendant for breach of automobile dealership contract; and the trial court found that defendant acted willfully and improperly denied warranty claims and willfully breached the contract, but did not find that defendant's actions were maliciously intentional, fraudulent, oppressive, reckless or undertaken with wanton disregard of plaintiff's rights, plaintiff was not entitled to punitive damages. Art Janpol Volkswagen, Inc. v. Fiat Motors of N. Am., Inc., 767 F.2d 690 (10th Cir. 1985).
Am. Jur. 2d, A.L.R. and C.J.S. references. — Plaintiff's rights to punitive or multiple damages when cause of action renders both available, 2 A.L.R.5th 449.