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...
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Negligence
Federal Court Remands Personal Injury Case Alleging Causes of Action Under New Mexico State Law Back to State Court
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...
New Mexico Court of Appeals Reverses Grant of Summary Judgment to Lumber Company in Personal Injury Lawsuit
A recent opinion by the New Mexico Court of Appeals, Salas v. Clark Equipment Company, reverses the district court's grant of summary judgment to a lumber company that had been named as one of the defendants in the plaintiffs' personal injury suit. The...
New Mexico Federal Trial Court Allows Plaintiffs to Proceed with Only Some Causes of Action Against Employer of Allegedly Negligent Driver
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'...
Personal Injury Plaintiff Allowed to Make Late Disclosures in New Mexico Federal Lawsuit
In a recent case, a New Mexico personal injury plaintiff timely identified his treating physicians as potential trial witnesses. He did not timely come forward with any retained experts. According to the court's ruling, approximately a month after the plaintiff made...
Defense Motion to Compel Discovery Denied in New Mexico Personal Injury Case
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...
Court of Appeals Upholds Dismissal of Personal Injury Suit Against Home Security Company
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...
Court Denies Summary Judgment in New Mexico Premises Liability Case
Courts applying New Mexico's laws recognize the principle of res ipsa loquitor. In Latin res ipsa loquitor means the thing speaks for itself. Under this principle, the very occurrence of an accident implies negligence. In a recent case, one of the defendants filed a...
Summary Judgment Granted to Defendant in New Mexico Personal Injury Suit Following Parking Lot Attack
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...
New Mexico Plaintiff Unable to Add Defendant’s Employer to Injury Case Following Expiration of Statute of Limitations
Sometimes multiple parties can be held liable for the payment of damages in a single New Mexico truck accident case. A recent case concerns the ability of a plaintiff to name a new party as a defendant in an amended complaint filed years after the initial complaint...