Articles Posted in Car Crashes

Tractor-Trailer Manufacturer Sued in New Mexico Following Fatal Accident on Route 66
Law Office of Matthew Vance, P.C.

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 in part. The underlying litigation was brought following a fatal collision between a car and a tractor-trailer…

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New Mexico Federal Trial Court Allows Plaintiffs to Proceed with Only Some Causes of Action Against Employer of Allegedly Negligent Driver
Law Office of Matthew Vance, P.C.

A recent ruling by the United States District Court for the District of New Mexico in a truck accident lawsuit allowed the plaintiffs to proceed with some but not all of their causes of action, after the defendants challenged the sufficiency of the plaintiffs’ complaint. The court’s analysis followed a tractor-trailer collision resulting in an…

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New Mexico Personal Injury Plaintiff Successfully Opposes Insurance Company’s Bifurcation Motion
Law Office of Matthew Vance, P.C.

In a recent opinion the U.S. District Court for the District of New Mexico denied an insurance company’s motion to bifurcate claims and stay discovery. Under Federal Rule of Civil Procedure 42(b), federal courts have the authority to take actions including ordering separate trials over multiple claims. The courts enjoy broad discretion with respect to…

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Personal Injury Case Against Limited Liability Company (LLC) to Proceed in New Mexico Federal Court
Law Office of Matthew Vance, P.C.

A recent personal injury case discusses how to determine the citizenship of limited liability companies (sometimes referred to as LLCs) when they are parties to litigation in New Mexico federal court. After a car accident, plaintiffs who were allegedly residents of New Mexico, filed a personal injury case in state court. The plaintiffs brought the…

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New Mexico Federal Trial Court Denies Summary Judgment on the Issue of Aggravating Circumstances in a Wrongful Death Case
Law Office of Matthew Vance, P.C.

In a recent ruling, the U.S. District Court for the District of New Mexico denied summary judgment to the sole defendant, an out of state tire manufacturer. The case before the court arose after a tire blow out that allegedly was caused by manufacturing and design defects. Allegedly after the tire blew out, a tragic…

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Railway Not Released from Liability After Accident on New Mexico State Highway 6
Law Office of Matthew Vance, P.C.

In some New Mexico personal injury cases the plaintiffs can seek to hold multiple parties accountable for payment of monetary damages. A federal trial court recently handed down a ruling denying a release to a railway after the plaintiffs settled with other property owners. Litigation followed after a car collided with a cow on New…

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New Mexico Federal Court Rules There is No Personal Jurisdiction Over a Foreign Car Maker in New Mexico Personal Injury Suit
Law Office of Matthew Vance, P.C.

A New Mexico federal district court recently dismissed a personal injury lawsuit against a foreign car maker for lack of personal jurisdiction. The underlying case arose after an accident allegedly causing catastrophic physical injuries. A woman was driving a car in New Mexico when she was struck by another vehicle causing the vehicle she was…

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New Mexico Federal District Court Concludes That New Mexico Law Does Not Impose a Duty to Refrain from Selling Gasoline to an Allegedly Intoxicated Driver
Law Office of Matthew Vance, P.C.

A federal district court recently granted a motion for judgment on the pleadings filed by the defendant in a New Mexico wrongful death case. The court concluded that New Mexico law does not impose a duty to refrain from selling gasoline to an allegedly intoxicated driver, and it dismissed a negligent entrustment claim. The court…

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Insurance Company Seeks Protective Order in New Mexico Lawsuit for Bad Faith Denial of Uninsured Motorist Coverage
Law Office of Matthew Vance, P.C.

Though parties to personal injury litigation in American federal courts have broad discovery rights, certain materials are protected in the discovery process including those that are subject to the attorney-client and work product privileges. In a recent case, the United States District Court for the District of New Mexico granted in part a motion for…

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New Mexico Federal District Court Denies Insurance Company’s Motion to Bifurcate Trials and Stay Discovery of Claims Following Car Accident
Law Office of Matthew Vance, P.C.

The U.S. District Court for the District of New Mexico handed down a decision on January 3, 2019 in favor of a plaintiff who was seeking a recovery from her insurance company following a New Mexico car accident resulting in the plaintiff allegedly suffering personal injuries. The insurance company had argued that the plaintiff needed…

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