New Mexico Personal Injury Case Law
Please find, below, selected case laws decided by Supreme Court of New Mexico or Court of Appeals of New Mexico where the terms personal injury or related terms have been mentioned. These cases are not necessarily personal injury and may include cases where the facts or court decision merely mentions personal injury related legal terms. You are not to rely on these cases as legal advice nor should you rely on them for accuracy. Please see Terms of Service.
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Kitchell v. Public Service Co. of New Mexico - 12/3/1998
{1} This interlocutory appeal raises three issues relating to the termination of the employment of plaintiff-appellee Lee Roy Kitchell with defendant-appellant Public Service Company of New Mexico ("PNM"). The issues concern each of...
State v. Torres - 12/3/1998
{1} Defendant Jerry Torres appeals his convictions of first degree depraved-mind murder, see NMSA 1978, § 30-2-1(A)(3) (1994), aggravated battery with a firearm (two counts), see NMSA 1978, § 30-3-5(C) (1969), aggravated assault with...
Cobos v. Dona Ana County Housing Authority - 12/3/1998
{1} In this case we must decide whether a breach of public employees' duties of operation and maintenance of a privately-owned building used to provide shelter under a federally-funded low-income housing program falls within the...
Gutierrez v. City of Albuquerque - 8/25/1998
{1} This case requires us to revisit a provision of the Workers' Compensation Act, NMSA 1978, § 52-5-17 (1987), and our decision in . In Montoya, we held that Section 52-5-17 allows an injured worker to pursue a third-party tort...
Villanueva v. City of Tucumcari - 8/6/1998
Filing Date: August 6, 1998
APPEAL FROM THE DISTRICT COURT OF QUAY COUNTY Ricky D. Purcell, District Judge
{1} Plaintiff was struck by an automobile on May 9, 1995,
while operating her electric wheelchair on Laughlin...
Enriquez v. Cochran - 7/30/1998
Certiorari denied No. 25,365, October 13, 1998
Filing Date: July 30, 1998
APPEAL FROM THE DISTRICT COURT OF EDDY COUNTY James L. Shuler, District Judge
{1} In 1992 Ernest Ray Enriquez (Plaintiff) was severely injured...
Pope v. Gap Inc. - 6/18/1998
APPEAL FROM THE DISTRICT COURT OF BERNALILLO COUNTY DIANE DAL SANTO, District Judge
{1} In this appeal, we examine the meaning of an offer of judgment under Rule 1-068 NMRA 1998. Specifically, we address two issues: (1) whether,...
Edwards v. Franchini - 5/26/1998
Certiorari denied, No. 25,281, September 8, 1998
APPEAL FROM THE DISTRICT COURT OF BERNALILLO COUNTY Robert L. Thompson, District Judge
{1} Defendants were Plaintiffs' attorneys in connection with a lawsuit against the...
Madsen v. Scott - 5/13/1998
Certiorari granted, No. 25,218, July 7, 1998
Opinion Number: 1998-NMCA-092
APPEAL FROM THE DISTRICT COURT OF CHAVES COUNTY WILLIAM P. JOHNSON, District Judge
{1} This case requires us to consider under what...
Devaney v. Thriftway Marketing Corp. - 12/22/1997
MINZNER, Justice.
{1} Plaintiff-Petitioner David DeVaney brought a tort action seeking damages for abuse of process and malicious prosecution. The trial court granted Defendants-Respondents Thriftway Marketing Corporation and its...
Buckingham v. Health South Rehabilitation Hospital - 11/18/1997
HARTZ, Chief Judge.
{1} Appellants Health South Rehabilitation Hospital (Employer) and CIGNA Insurance Company (Insurer) appeal a decision of the Workers' Compensation Judge (WCJ) awarding attorney's fees to Worker. They contend...
Williams v. Central Consolidated School District - 11/12/1997
BOSSON, Judge.
{1} This opinion is substituted on the Court's own motion for that previously issued. The motion for rehearing is denied. This is a premises liability claim under the Tort Claims Act, NMSA 1978, Section 41-4-6...
Eckhardt v. Charter Hospital of Albuquerque Inc. - 11/12/1997
Opinion Number: 1998-NMCA-017
Filing Date: November 12, 1997
{1} This appeal and cross appeal arise out of a civil action filed by Kathleen Eckhardt (Plaintiff) against Charter Hospital of Albuquerque (Charter), William...
State v. Johnson - 11/6/1997
Certiorari denied No. 24,830, January 6, 1998
Filing Date: November 6, 1997
APPEAL FROM THE DISTRICT COURT OF BERNALILLO COUNTY W. John Brennan, District Judge
{1} This case involves the fatal shooting of Abel...
Kahrs v. Sanchez - 11/5/1997
Certiorari denied, No. 24,831, February 25, 1998
APPEAL FROM THE DISTRICT COURT OF CHAVES COUNTY ALVIN F. JONES, District Judge
{1} On August 1, 1997, this Court filed its opinion in this case. On August 26, 1997, the New...
In re Hamar - 9/26/1997
Per Curiam
{1} This matter came before the Court following disciplinary proceedings conducted pursuant to the Rules Governing Discipline, 17-101 to -316 NMRA 1997 and upon a recommendation by the disciplinary board that we...
Rivero v. Lovington Country Club Inc. - 9/18/1997
WECHSLER, Judge.
{1} The opinion filed in this case on August 14, 1997 is hereby withdrawn and the following substituted therefor. The Lovington Country Club's motion for rehearing is denied.
{2} Plaintiff Jose D. Rivero...
In re Estate of Vernon Dana Gilmore - 9/12/1997
HARTZ, Chief Judge.
{1} This appeal requires us to determine which state's law governs the distribution of the proceeds of a wrongful-death claim when the state where the tort and death occurred (Texas) is not the domicile of the...
Espinosa v. Albuquerque Publishing Co. - 6/20/1997
ARMIJO, Judge.
{1} On October 22, 1991, Larry Espinosa was struck by a vehicle as he walked across an Albuquerque, New Mexico, street while in a designated crosswalk. The vehicle that struck Espinosa was owned by Albuquerque...
State v. Sosa - 6/18/1997
BACA, Justice.
I.
{1} Defendant, Jesse Sosa, appeals his conviction and sentencing for involuntary manslaughter, see NMSA 1978, § 30-2-3(B) (1994), shooting into an occupied vehicle causing great bodily harm, see NMSA 1978,...
Garcia v. Coffman - 6/17/1997
FLORES, Judge.
Defendants Ted Coffman (Coffman), Allied Physicians, P.C. (Allied), and Musculoskeletal Evaluation Diagnostic Services appeal from judgments awarding Plaintiff damages upon claims for fraudulent...
Edmiston v. City of Hobbs and Liberty Mutual Insurance Co. - 6/17/1997
BOSSON, Judge.
{1} Worker Joyce Edmiston appeals a decision of the Workers' Compensation Judge (WCJ). She argues that the WCJ misapprehended New Mexico law on preexisting conditions and workplace injuries which led to an...
Stinson v. Berry - 6/17/1997
{1} On the Court's own motion, the original opinion filed May 1, 1997, is withdrawn and the following opinion is substituted in its place.
{2} Plaintiffs, personal representatives of the estate of decedent (Decedent), appeal the...
Allred v. Board of Regents of University of New Mexico - 5/28/1997
WECHSLER, Judge.
{1} Plaintiffs appeal two district court orders dismissing their claims against the Board of Regents of the University of New Mexico, Kent Argubright, Elizabeth La Roche, Jeffrey Wicks (the UNM Defendants), and...
Duncan v. Campbell - 2/24/1997
PICKARD, Judge.
{1} This is a legal malpractice, breach of contract, and deceit action brought by a former criminal defendant (Plaintiff or Duncan) against the lawyers who defended him (Defendants). The issues we address concern...
Eaton - 2/7/1997
FRANCHINI, Justice.
{1} We address whether a public hospital is liable for attorney's fees and costs incurred by a patient in pursuing personal injury claims, where a hospital holds a lien to be paid from proceeds of a patient's...
Garcia v. Coe Manufacturing Co. - 1/28/1997
SERNA, Justice.
{1} Altagracia Garcia, individually and as personal representative of the estate of her husband Curtis Garcia, sued the Coe Manufacturing Company ("Coe") in negligence and strict products liability for wrongful...
Archer v. Roadrunner Trucking Inc. - 12/23/1996
RANSOM, Justice.
{1} Shirley Ann Archer filed an action for loss of spousal consortium against Roadrunner Trucking, Inc. and Paul Stehlik in the United States District Court for the District of New Mexico. Archer's husband...
First Financial Trust Co. v. Scott - 11/18/1996
ORIGINAL PROCEEDING ON WRIT OF SUPERINTENDING CONTROL
RANSOM, Justice.
{1} As personal representative of the estate of David Siglock and as conservator for his surviving children, First Financial Trust Company seeks a writ...
Ciup v. Chevron U.S.A. Inc. - 9/30/1996
MINZNER, Justice.
{1} Plaintiffs appeal the trial court's grant of summary judgment in favor of Chevron U.S.A., Inc. They contend that the trial court erred in determining that Chevron was not liable for assault resulting from...
Taylor v. Van Winkle''s Iga Farmer''s Market - 9/16/1996
BUSTAMANTE, Judge.
{1} Defendant appeals from the trial court's order denying its motion under NMRA 1996, 1-060(B) to set aside a default judgment. Our second calendar notice proposed summary affirmance. Defendant filed a...
Rhodes v. Martinez - 9/6/1996
ALARID, Judge.
{1} Attorney Joseph David Camacho (Camacho) appeals from an order denying enforcement of his lien for attorney's fees, accrued in settling Plaintiff Bob Rhodes' (Rhodes) property damage claim, on the grounds that...
Garnsey v. Concrete - 6/28/1996
APODACA, Chief Judge.
{1} Concrete Incorporated and Builder's Trust of New Mexico (referred to collectively as Employer) appeal the workers' compensation Judge's (the Judge) decision granting William Garnsey (Worker) benefits for...
Cummings v. X-Ray Associates of New Mexico - 5/31/1996
FRANCHINI, Justice.
{1} This case concerns the proper interpretation of Section 41-5-13 from the Medical Malpractice Act, NMSA 1978, §§ 41-5-1 to -29 (Repl. Pamp. 1989 & Cum. Supp. 1995), which requires a claim for medical...
Tanuz v. Carlberg - 5/30/1996
APODACA, Chief Judge.
{1} Plaintiff appeals the trial court's dismissal of her action entered pursuant to SCRA 1986, 1-041(B) (Repl. 1992). The dismissal was filed in a bench trial at the close of Plaintiff's case-in-chief. In...
Parker v. St. Vincent Hospital - 5/30/1996
HARTZ, Judge.
{1} Plaintiffs Denise I. Parker (Denise) and her husband, Michael D. Parker, appeal from an order granting summary judgment in favor of St. Vincent Hospital (the Hospital). Their suit arose out of two operations...
Garrity v. Overland Sheepskin Co. - 5/29/1996
Frost, Chief Justice.
{1} This appeal involves what are essentially two separate claims arising out of a similar employment background. The first claim is by Joan Garrity and her daughter Dawn Garrity Wood (the Garritys) against...
Montoya v. Mentor Corp. - 5/29/1996
APODACA, Chief Judge.
{1} Plaintiffs Abel and Joann Montoya appeal the trial court's order granting summary judgment and dismissing their complaint alleging product liability claims against Defendant Mentor Corporation. The trial...
State v. Sanchez - 5/16/1996
BOSSON, Judge.
{1} Defendant pleaded guilty to a particularly gruesome sexual assault involving second degree criminal sexual penetration (CSP II, during the commission of a felony), aggravated burglary (battery committed),...
Buffett v. Vargas - 3/27/1996
FROST, Justice.
{1} This case involves the all too common and tragic combination of drinking and driving. A head-on collision claimed the life of Boyd Buffett [hereinafter Boyd] and injured two others. The jury returned a verdict...
Yount v. Johnson - 3/26/1996
BOSSON, Judge.
{1} While engaging in horseplay during high school, Defendant Larry Johnson, then age 17, injured Matthew Monett, age 15. Monett seeks to recover against Johnson for some or all of his damages under a theory of...
Chaleunphonh v. Parks and Recreation Division - 3/21/1996
HARTZ, Judge.
{1} Elephant Butte Reservoir (the Reservoir) was created early this century by federal construction of Elephant Butte Dam on the Rio Grande. The Reservoir stores water for use by the Elephant Butte Irrigation...
Coleman v. Eddy Potash Inc. - 9/22/1995
MINZNER, Justice.
Plaintiff-Appellant Imogene Coleman (Coleman) appeals from a district court order dismissing her claims of intentional and negligent spoliation of evidence made against her former employer, Eddy Potash, Inc....
Amica Mutual Insurance Co. v. Maloney - 9/18/1995
FROST, Justice.
1. Amica Mutual Insurance Co. v. Maloney and Silva v. Farmers Insurance Co. both present a common question on appeal: When an insurer has a subrogated interest in a portion of the insured's settlement, is the...
Lujan v. Healthsouth Rehabilitation Corp. - 8/28/1995
1. Irene Lujan sued Nancy Jaramillo for injuries that Lujan's son Martin sustained in a motorcycle collision with Jaramillo's automobile on January 27, 1990. In settlement of that suit, Lujan signed a release of claims in February...
Yardman v. San Juan Downs Inc. - 8/23/1995
DONNELLY, Judge.
1. Defendants, San Juan Downs, Inc. and the Board of County Commissioners of San Juan County (the County) appeal, and Plaintiff, George S. Yardman, cross-appeals, from the judgment entered by the trial court...
Montoya v. Kirk-Mayer Inc. - 8/23/1995
DONNELLY, Judge.
1. Appellants, Kirk-Mayer, Inc. and CNA Insurance Companies, appeal from an order of the Workers' Compensation Judge (WCJ) granting Worker's motion for partial summary judgment and striking Appellants'...
Brooks v. Beech Aircraft Corp. - 6/28/1995
As personal representative of her deceased husband, Virginia Brooks brought a wrongful death action against Beech Aircraft Corporation in connection with a 1988 plane crash. In relevant part Brooks sued in negligence and strict...
Gonzales v. Surgidev Corp. - 6/13/1995
Appellant Surgidev Corporation appeals the imposition of sanctions in the amount of $151,000 by the trial court while the underlying case was pending on appeal. We address two issues: (1) Whether the court had jurisdiction to impose...
Padilla v. Hay - 5/31/1995
Socorro Padilla won a $19,000 jury verdict in a personal injury suit. She appeals from evidentiary rulings of the trial court excluding certain medical bills on the grounds that their statements constitute hearsay. Because the...
In re Evans - 2/10/1995
Per Curiam.
This matter came before the Court following two separate disciplinary proceedings conducted pursuant to the Rules Governing Discipline, SCRA 1986, 17-101 to -316 (Repl. Pamp. 1991 & Cum. Supp. 1994), in which...
Liberty Mutual Insurance Co. v. Warren - 1/31/1995
HARTZ, Judge.
Liberty Mutual Insurance Company and James Stagner (Plaintiffs) appeal from a judgment dismissing their claims on the ground that their complaint was not timely filed. Liberty Mutual argues that the applicable...
Quintana v. Los Alamos Medical Center Inc. - 12/2/1994
Opinion
ALARID, Judge.
Plaintiff Jose P. Quintana, personal representative of the estate of Roland Quintana, appeals from the order of the trial court granting summary judgment to Defendant Los Alamos Medical Center, Inc....
In re Fandey - 11/7/1994
DISCIPLINARY PROCEEDING
Per Curiam.
This matter came before the Court following disciplinary proceedings conducted pursuant to the Rules Governing Discipline, SCRA 1986, 17-101 to 17-316 (Repl. Pamp. 1991 & Cum....
Marrujo v. New Mexico State Highway Transportation Department - 11/3/1994
FROST, Justice.
This case addresses the constitutionality of the New Mexico Notice of Claims Statute, NMSA 1978, Section 41-4-16 (Repl. Pamp. 1989), which requires those asserting a wrongful death claim against state or local...
Lujan v. Healthsouth Rehabilitation Corp. - 9/26/1994
PICKARD, Judge.
Plaintiff brought an action in her individual and representative capacities against Defendants, claiming they committed medical malpractice in treating the injuries caused to her son by a tortfeasor. The issue in...
Fernandez v. Char-Li-Jon Inc. - 9/21/1994
BLACK, Judge
On April 14, 1993, Tina Fernandez ("Plaintiff") sued The Caravan East Nite Club, Inc. ("Caravan"), advancing one count of negligence and one count of strict liability in tort. Plaintiff alleged that she had been...
Bush v. Thomas - 9/19/1994
APODACA, Judge.
Defendant Dr. Harry Thomas (Defendant) appeals a judgment after a jury verdict finding him liable for negligent spoliation of evidence. Defendant raises the following issues on appeal: (1) whether New Mexico...
McMains v. Aztec Well Service - 9/14/1994
HARTZ, Judge.
Precision Welding and Manufacturing and its insurer, United States Fidelity & Guaranty Company (collectively referred to as "Precision"), appeal from an adverse decision by the Workers' Compensation...
Baer v. Regents of University of California - 9/8/1994
ALARID, Judge.
This appeal concerns a claim for wrongful death as a result of medical malpractice. The district court granted summary judgment in favor of Defendants, and Plaintiff appeals. The dispositive issue is whether a...
In re Williamson - 9/7/1994
DISCIPLINARY PROCEEDING
Per Curiam.
This matter came before the Court following disciplinary proceedings conducted pursuant to the Rules Governing Discipline, SCRA 1986, 17-101 to 17-316 (Repl. Pamp. 1991 and Cum. Supp....
Leyba v. Whitley - 6/30/1994
HARTZ, Judge.
This appeal raises questions regarding the liability of a lawyer to a non-client. In particular, if a lawyer represents a trustee, when, if ever, does the beneficiary of the trust have a cause of action against the...
Gillin v. Carrows Restaurants Inc. - 6/30/1994
DONNELLY, Judge.
Plaintiff, Wayne Gillin, appeals from the trial court's order granting summary judgment in favor of Defendant, Carrows Restaurants, Inc. (Carrows), and dismissing his personal injury claim. In challenging the...
Lerma v. State Highway Department of New Mexico - 6/23/1994
RANSOM, Justice.
Emilio S. Lerma, as next friend of his daughter Dawn Marie Lerma, appealed to the Court of Appeals from the trial court's entry of summary judgment dismissing Lerma's personal injury action against the State...
Flint v. Town of Bernalillo - 6/16/1994
DONNELLY, Judge.
Claimant appeals from the Workers' Compensation Judge's order denying his claim for compensation benefits. The sole issue presented on appeal is whether the Judge erred in determining that Claimant failed to give...
Long v. Continental Divide Electric Cooperative - 3/17/1994
DONNELLY, Judge.
The issue before us arises out of Plaintiffs' motion to lift a stay of enforcement of a judgment during the pendency of Defendant's appeal. After reviewing the motion and Defendant's response, we hold that the...
Romero v. Byers - 3/16/1994
FRANCHINI, Justice.
This is a consolidated appeal arising from our grant of certiorari (No. 20,441), and acceptance of a related question certified from the Court of Appeals (No. 20,640), in the case of Romero v. Byers; and...
Martinez v. St. Joseph Healthcare System - 3/15/1994
RANSOM, Justice.
We issued a writ of certiorari to the Court of Appeals to review whether a hospital enforcing its statutory lien upon proceeds of a personal injury settlement must pay its proportionate share of attorney's...
State v. Ogden - 3/14/1994
FROST, Justice.
This is a pretrial interlocutory appeal in a first degree murder prosecution. It raises two central issues: (1) Can a district court make a pretrial determination that there is insufficient factual or legal...
Wacondo v. Concha - 3/11/1994
BLACK, Judge.
Defendant Concha is a member of the Taos Pueblo. Plaintiff Salas is a member of the Zia Pueblo who resides in Rio Rancho. Plaintiff Wacondo is a member and resident of the Jemez Pueblo. Plaintiffs' claims...
Sunwest Bank of Albuquerque - 3/10/1994
MONTGOMERY, Chief Justice.
The principal issue in this case, discussed later in this opinion, relates to a subject arising frequently in New Mexico caselaw--prejudgment interest. We seek to clarify the circumstances under...
Gallegos v. Southwest Community Health Services - 3/8/1994
APODACA, Judge. [117 NM Page 483] Plaintiff appeals from a judgment entered in favor of Defendants after a jury trial of Plaintiff's medical malpractice suit. In the direct appeal, Plaintiff argues that the trial
court:...
Flores v. Baca - 2/23/1994
RANSOM, Justice.
Hipolito Flores died on July 9, 1989, survived by his widow, Maria Luisa Flores, and by thirteen children. A daughter, Rachel Ramirez, contracted with Sam Baca, doing business as Baca's Funeral Chapels, to...
Lopez v. New Mexico Public Schools Insurance Authority - 2/16/1994
RANSOM, Chief Justice.
The New Mexico Public Schools Insurance Authority appeals from a summary judgment granted in favor of Jose Lopez, David Salazar, and the Board of Education of West Las Vegas School District No. 1...
Hoffman v. State - 2/15/1994
FLORES, Judge.
This case involves, first, a challenge to a tax sale in which the delinquent taxpayer contends the State failed to comply with either statutory or constitutional due process requirements prior to the tax...
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