Due to their size and speed, a collision involving an 18-wheeler often has devastating results. Smaller passenger vehicles are often crushed with the occupants suffering serious injuries such as brain trauma, spinal cord damage and amputation. Unfortunately, the...
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truck accident
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...
United States Magistrate Judge for the District of New Mexico Dismisses Personal Injury Plaintiffs’ Punitive Damages Claim
Personal injury plaintiffs can seek to recover compensatory and punitive damages when litigating in New Mexico courts. Recently, a truck driver and the company whose truck he was driving at the time of an accident on I-40 moved for summary judgment, seeking dismissal...
Trial Court Denies Motion to Dismiss New Mexico Truck Accident Case for Spoliation of Evidence
Litigants in New Mexico negligence lawsuits risk losing or damaging their cases if they engage in spoliation, which is the intentional destruction, mutilation, alteration or concealment of evidence. Whether and to what extent to sanction a litigant for spoliation is...
Truck Rental Agency Dismissed from New Mexico Personal Injury Lawsuit
The United States District Court for the District of New Mexico recently handed down a decision granting a motion to dismiss filed by a truck rental agency in a New Mexico personal injury lawsuit. The truck rental agency was sued following the alleged collision of a...
Federal Trial Court Rules that Res Ipsa Loquitur Cause of Action Fails to State a Claim Upon Which Relief May Be Granted Under New Mexico Law
The United States District Court for the District of New Mexico recently granted a motion to dismiss a cause of action that had been asserted by plaintiffs under the doctrine of res ipsa loquitur. Res ipsa loquitur is recognized in common law jurisdictions including...
New Mexico Federal Trial Court Grants In Part and Denies in Part Insurance Company’s Motion for Independent Medical Examination
An important part of a personal injury case can be determining the physical condition of the plaintiff. A New Mexico federal trial court recently decided an insurance company defendant's motion seeking an independent medical examination of the plaintiff. The court...
New Mexico Federal Trial Court Rejects Liability Based on Successive Entrustment in a Truck Accident Case
The U.S. District Court for the District of New Mexico recently ruled against a plaintiff in a New Mexico wrongful death suit that was based on a successive entrustment theory of liability. The ruling came in the context of resolving a motion for summary judgment...
Partial Summary Judgment Granted in New Mexico Personal Injury Case
Claims are subject to dismissal through summary judgment when a party can establish that there are no genuine issues of material fact with respect to the claims, and the claims cannot succeed as a matter of law. A summary judgment motion can seek the dismissal of a...
Trucking Accidents and Changing Technology Affecting New Mexico Roads
New Mexico residents share the roads with commercial vehicles, including trucks. Among concerns are accidents caused by truck driver fatigue. There are resources available to educate truck drivers, who are often under pressure to drive longer hours by their...