Articles Posted in Personal Injury

In a recent ruling, the United States District Court for the District of New Mexico decided to defer to the plaintiffs’ choice of forum. Two plaintiffs, a husband and a wife, sued a trucking company that the wife had worked for as a commercial truck driver. The couple also sued in the same complaint a…

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…

By bringing a motion in limine a party to litigation can request, outside of the presence of the jury, that certain evidence be included or excluded at trial. In a recent personal injury case, the plaintiffs won a motion in limine filed with the United States District Court for the District of New Mexico. In…

In a recent ruling by the United States District Court for the District of New Mexico, the court denied a tire maker’s summary judgment motion. The tire maker had challenged via its summary judgment motion the ability of the plaintiff to collect damages for lost earnings or lost earning capacities. The tire maker’s position was…

The pre-trial discovery process can enable parties to lawsuits in New Mexico to obtain information they would not otherwise be able to access. A ruling by a magistrate judge for the U.S. District Court for the District of New Mexico shows that, while discovery in personal injury cases can be broad, federal law also sets…

Recently the U.S. Court of Appeals for the Tenth Circuit, which hears appeals from jurisdictions including the District of New Mexico, upheld a ruling dismissing a personal injury suit based on a contractual one-year suit limitation provision. The underlying personal injury suit was filed more than one year but less than two years after a…

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…

A recent ruling by the U.S. District Court for the District of New Mexico reflects some of the challenges plaintiffs can encounter when naming a city and its mayor as defendants in a federal complaint seeking recourse for allegedly injurious conditions. Last November a person filed a federal complaint against the City of Albuquerque and…

The U.S. District Court for the District of New Mexico recently denied a dismissal motion filed on behalf of defendants including the Santa Fe Public Schools. The plaintiffs had brought a lawsuit in state court based on alleged sexual abuse by their fourth grade teacher. The motion had sought dismissal of a complaint on the…

A recent opinion addresses whether a company that leases a store is liable for damages in a New Mexico personal injury suit, after a customer is attacked in a parking lot used by the store’s customers. Allegedly two people were trying to purchase a video game console from an electronic gaming store in Santa Fe,…