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...
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Car Crash
Tractor-Trailer Manufacturer Sued in New Mexico Following Fatal Accident on Route 66
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...
New Mexico Personal Injury Plaintiff Defeats Summary Judgment Motion Although His Medical Expert Was Not Timely Disclosed
Courts set deadlines for discovery as part of the process of advancing New Mexico personal injury cases towards trial. Sometimes deadlines are missed. In a recent case brought following a car accident that occurred in San Juan County, the parties were court ordered...
New Mexico Personal Injury Plaintiff Successfully Opposes Insurance Company’s Bifurcation Motion
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...
Personal Injury Case Against Limited Liability Company (LLC) to Proceed in New Mexico Federal Court
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 Federal Trial Court Addresses Recovery Rights of Estates of Deceased Undocumented Immigrants in Personal Injury Cases
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...
New Mexico Federal Trial Court Denies Summary Judgment on the Issue of Aggravating Circumstances in a Wrongful Death Case
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...
Federal Trial Court Rules that New Mexico Lawsuit Seeking Recovery from Insurance Company is to Proceed in State Court
Recently the U.S. District Court for the District of New Mexico was presented with a dispute concerning whether an insurance coverage case presented to it for adjudication should be sent back to the state court in which the plaintiff had first filed the case. The...
Railway Not Released from Liability After Accident on New Mexico State Highway 6
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...
New Mexico Federal Court Rules There is No Personal Jurisdiction Over a Foreign Car Maker in New Mexico Personal Injury Suit
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...