Slip-and-fall accidents are one of the leading causes of death and emergency room visits in New Mexico. Traumatic brain injuries, broken bones and other serious conditions frequently result, especially for those over age 65. A property owner's duty of care Whether...
Life is rarely black and white. While we would like to blame one individual when something goes seriously wrong, it usually is not so simple. It often takes more than one person to cause a catastrophe. This is especially true in auto accidents. The law can determine...
Owning property comes with a lot of responsibility – and can open you up to legal liability if you aren’t careful. Whether you own a home or run a business, the last thing you want is for someone to get hurt on your premises and sue you for negligence. In order to...
A recent ruling following settlements arising from a fatal New Mexico car accident discusses the recovery that a plaintiff can be awarded against a defendant who defaults. The plaintiff in the case was the mother of a son who had been killed in a motor vehicle...
It’s an indescribable tragedy when a friend or family member has passed away as a result of the negligence of another. When this occurs, some people are able to bring a wrongful death suit against the responsible party in order to recover compensation for the death of...
In a recent ruling, the U.S. Court of Appeals for the Tenth Circuit affirmed the dismissal of a putative class action brought by plaintiffs seeking to challenge bills for medical services. Allegedly the plaintiffs received medical services at a medical center in New...
A recent ruling by the U.S. District Court for the District of New Mexico dismissed the plaintiffs' claims under the U.S. Constitution and the New Mexico Tort Claims Act as untimely. In arriving at its conclusion that the claims were untimely, the court considered...
In a recent case, the Chief Magistrate Judge for the U.S. District Court for the District of New Mexico reviewed the terms of a personal injury settlement. The review was on behalf of minors, two children whose father was killed in a car accident, to determine if the...
In a recent ruling applying New Mexico personal injury law, the United States District Court for the District of New Mexico denied the defendant tractor-trailer manufacturer summary judgment on most grounds and granted the tractor-trailer manufacturer summary judgment...
The U.S. District Court for the District of New Mexico, one of the federal courts in the state, recently remanded a New Mexico personal injury lawsuit back to the Second Judicial District Court, Bernalillo County, the state court in which the plaintiff had filed her...