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truck accident

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...