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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Rodriguez v. McAnally Enterprises - 2/7/1994
CHAVEZ, Judge.
Fireman's Fund Insurance Companies (Fireman's Fund) appeals and Worker cross-appeals from the Workers' Compensation Judge's (WCJ) compensation order. This case involves the consolidation of two claims for...
Bell v. New Mexico Interstate Stream Commission - 12/22/1993
FLORES, Judge.
The opinion filed December 3, 1993 is withdrawn and the following substituted therefor.
Plaintiffs appeal the summary judgment dismissing their claims. The basis for the judgment was the district...
Gutierrez v. Sundance Indian Jewelry Inc. - 12/16/1993
BLACK, Judge. [117 NM Page 42] Paul Gutierrez ("Plaintiff") filed a discrimination complaint with the New Mexico Health and Environment Department, Occupational Health and Safety Bureau ("the Bureau"), alleging that he was discharged...
Brunacini v. Kavanagh - 12/16/1993
DONNELLY, Judge.
This interlocutory appeal raises the issue of whether the trial court erred in denying Defendants' (the Law Firm) motion to dismiss the legal malpractice action brought by Mayme Brunacini and Brunacini...
Archibeque v. Moya - 12/15/1993
Opinion
Pursuant to NMSA 1978, Section 34-2-8 (Cum.Supp.1993) and SCRA 1986, 12-607 (Repl.Pamp.1992), we accepted the following certified question of state law from the Tenth Circuit Court of Appeals:
Does [NMSA...
Brewster v. Cooley & Associates - 12/10/1993
Opinion
Claimant appeals the compensation order of the Workers' Compensation Administration (Administration). We discuss (1) timeliness of the appeal; (2) whether the workers' compensation Judge (judge) properly awarded...
Curliss v. B & C Auto Parts - 11/2/1993
Opinion
Worker appeals the denial of his petition to set aside the March 13, 1989 Workers' Compensation lump sum settlement order pursuant to NMSA 1978, Section 52-5-9(B ) (Repl.Pamp.1987). Worker relies upon the...
Padilla v. Montano - 9/29/1993
Opinion
Father's motion for rehearing is denied. However, on the Court's own motion, the opinion filed on July 21, 1993, is hereby withdrawn and the following substituted in its place.
Mother and Child appeal from...
In re Reid - 9/21/1993
This matter came before the Court upon the recommendation of the Disciplinary Board and Hearing Committee to publicly censure Charles H. Reid for incompetence, neglect, and failure to adequately communicate with his client. The Court...
Judy Seal v. Carlsbad Independent School District - 9/7/1993
This is a wrongful death action brought by Judy Seal as personal representative of the estate of her deceased son, Kevin. Seal appeals from a summary judgment holding that the operation of a swimming pool is an inherently dangerous...
Werner v. Wal-Mart Stores Inc. - 9/7/1993
Opinion
Plaintiff appeals the district court's order granting Defendant's motion to dismiss for lack of personal jurisdiction. Two issues are raised on appeal: (1) whether the district court erred in finding that New...
Trujillo v. City of Albuquerque - 9/7/1993
Opinion
Claimant appeals from a compensation order awarding permanent partial disability and attorney's fees. Claimant contends that (1) the Workers' Compensation Judge (Judge) erred in failing to find that he was totally...
Crespin v. Consolidated Constructors Inc. - 9/2/1993
Opinion
Consolidated Constructors, Inc., and Mountain States Mutual Casualty Company (collectively referred to as Respondents) appeal from an order entered by the workers'
compensation Judge (judge) awarding...
New Mexico Physicians Mutual Liability Co. v. Lamure - 8/31/1993
Opinion
This appeal from a declaratory judgment requires us to determine whether an insurer must indemnify a physician under his medical malpractice insurance policies for liability resulting from allegations of criminal...
Torres v. New - 8/26/1993
Opinion
Plaintiffs appeal from a district court order dismissing with prejudice their amended complaint against Defendants, State of New Mexico, New Mexico Department of Public Safety (DPS), Robert Vanderhee (Vanderhee) an...
Ruggles v. Ruggles - 8/16/1993
Opinion
We granted certiorari in these cases, and consolidated them for decision, to revisit a subject of recurring concern in our case law: the proper treatment, in a proceeding to dissolve a marriage, of the spouses'...
Sharts v. Natelson - 6/30/1993
ALARID, Judge.
Wallace G. Sharts (hereinafter "Sharts") sued Stephen Natelson and Natelson and Ross (hereinafter "Natelson") for legal malpractice. Natelson moved for summary judgment on the basis that the action was barred by...
Cowan v. Powell - 6/24/1993
Opinion
Defendant David Powell (Defendant) appeals from a jury verdict for Plaintiff Mary Cowan (Plaintiff) in which the jury awarded Plaintiff zero dollars in damages in a defamation case. Although Defendant raises four...
State v. Wilson - 6/10/1993
MINZNER, Chief Judge.
Defendant appeals his convictions for kidnapping and four counts of criminal sexual penetration in the second degree (CSP II). Defendant and Complainant were friends and former co-workers at the time...
Foster v. Luce - 3/16/1993
Opinion
Defendants appeal from a judgment awarding Plaintiff compensatory and punitive damages in a tort action which grew out of their purchase of cattle on the Navajo Indian Reservation. We discuss: (1) whether the...
William R. v. City of Albuquerque - 3/4/1993
I. BACKGROUND
Plaintiffs, William R. and Marcia K. Espander (the Espanders), appeal from a summary judgment granted by the district court in favor of Defendant, City of Albuquerque (City). The Espanders filed a complaint...
Reichert v. Atler - 12/18/1992
DONNELLY, Judge.
The previous opinion of the Court, filed on November 17, 1992, is withdrawn and the following is substituted.
Defendants, Tony and Josie Atler, doing business as the A-Mi-Gusto Lounge, appeal from a...
Johnson v. School Board of Albuquerque Public School System - 11/25/1992
BIVINS, Judge.
Plaintiff appeals a summary judgment in favor of Defendant School Board of Albuquerque Public School System (APS). The complaint seeks damages for injuries suffered by Plaintiff's daughter, Dawn Johnson, who...
Yu v. Paperchase Partnership - 11/18/1992
MONTGOMERY, Justice.
This is a "vendor and purchaser" case, involving the rights and liabilities, and other legal relations, between two of the parties interested in an installment land sale contract -- the original vendor...
Monett v. Dona Ana County Sheriff''s Posse - 8/25/1992
PICKARD, Judge.
Plaintiff sued for personal injury after an accident at the Southern New Mexico State Fair and Rodeo. Defendants Dona Ana County and Fairacres Volunteer Fireman Mike Carroll were dismissed from the case with...
Gallegos v. Trujillo - 8/5/1992
DONNELLY, Judge.
Plaintiffs Nieves Gallegos, as Personal Representative of the Estate of Barbara D. Gallegos, Joshua Nieves Gallegos, and Baby Doe Gallegos, and Elmer Vigil, as Personal Representative of the Estate of Judy Ann...
Richardson v. Glass - 8/4/1992
FROST, Justice.
Plaintiff, Cathi Richardson, appeals the summary judgment entered in favor of defendants, which dismissed plaintiff's claims of legal malpractice and breach of contract. Plaintiff's claims arose from...
Kegel v. State - 3/5/1992
MINZNER, Judge.
Robert Kegel, the father and next friend of his minor son, Eric Kegel, appeals the termination of Eric's health care benefits by the Human Services Department (the Department). The sole appellate issue is...
Saiz v. Belen School District - 2/21/1992
RANSOM, Chief Justice.
This is a wrongful death action brought against the Belen School District by the personal representative of a young boy who was electrocuted by a high-voltage lighting system at a high school football...
Padilla v. Estate of Tomas S. Griego - 2/17/1992
HARTZ, Judge.
Defendants, the Estate of Tomas S. Griego, deceased, and Martha S. Griego, d/b/a Mountain View Bar, appeal from district court orders granting summary judgment to Plaintiff, Raymond E. Padilla, and denying...
Boyd v. Permian Servicing Co. - 2/5/1992
RANSOM, Chief Justice.
Rosita Boyd sued Permian Servicing Company, Inc. to recover damages for the wrongful death of her son, Tracy Shain Boyd, who died from injuries incurred while working for Permian. Permian filed a motion to...
Medina v. Graham''s Cowboys Inc. - 2/4/1992
HARTZ, Judge.
On December 13, 1984, Steven Trujillo assaulted C.K. "Rocky" Medina (Medina) in the parking lot of Graham's Cowboys, Inc. (Cowboys). Medina filed a complaint for personal injury against Trujillo and Cowboys on...
Mireles v. Broderick - 1/29/1992
HARTZ, Judge.
The Plaintiff, Mary Ann Mireles, appeals from an adverse verdict in a medical malpractice case. She contends that the district court committed reversible error by refusing to give the jury her tendered instruction...
Dutton v. McKinley County Board of Commissioners - 11/15/1991
BLACK, Judge.
Plaintiff appeals the trial court's order of dismissal granted to defendants in a suit filed under the Tort Claims Act, NMSA 1978, ยงยง 41-4-1 to -27 (Repl. 1986). Plaintiff presented three arguments in her...
Broome v. Byrd - 11/8/1991
APODACA, Judge.
Plaintiff appeals the trial court's summary judgment dismissing defendant Charles Byrd, the owner of a commercial building (defendant), from plaintiff's negligence action. Plaintiff, an employee of...
State v. Alberico - 9/26/1991
Opinion
Once again we confront the issue of the admissibility of expert testimony relating to rape trauma syndrome (RTS). In ), we assumed, but did not decide, that expert testimony on RTS is admissible. We affirmed the...
Aragon v. State - 9/24/1991
HARTZ, Judge.
In February 1983 appellant Joe Aragon (worker) suffered a herniation of the L5-S1 disk as the result of an accident while employed by the State of New Mexico Corrections Department (employer). He received...
Economy Rentals Inc. v. Garcia - 9/24/1991
MONTGOMERY, Justice.
The principal issue on this appeal is whether Economy Rentals, Inc., a lessor of real property in Albuquerque, New Mexico, breached its lease by unreasonably withholding consent to its lessee's request for...
Diaz v. McMahon - 9/12/1991
Plaintiff Arturo Diaz (employee) appeals from the order of the trial court granting defendants' motion for summary judgment on both counts of employee's common-law negligence and strict liability claims against his employers...
Gambrel v. Marriott Hotel - 8/15/1991
CHAVEZ, Judge.
Marriott Hotel and its insurance company (hereinafter collectively referred to as "employer") appeals from that portio of the workers' compensation judge's (WCJ) compensation order awarding death benefits to...
State v. Edmondson - 5/28/1991
HARTZ, Judge.
Our opinion in this criminal appeal has two parts. Because the issues treated in part II are of no precedential value and are matters of concern to the parties only, part II will not be published.
I. ...
Garcia v. Mora Painting & Decorating - 5/23/1991
This is an appeal from a decision of the Workers' Compensation Administration (administration). Ricky L. Garcia (worker) filed claims against his former employer, Mora Painting & Decorating (previous employer) and against the...
Marquez v. Gomez - 5/23/1991
Opinion
Plaintiffs, Ramon and Viola Marquez, individually and as personal representatives of the estate of their deceased son, Ronald Joseph Marquez (the decedent), appeal from an order granting summary judgment in favor...
Richardson v. Farmers Insurance Co. - 5/21/1991
The single issue presented on appeal is whether appellant, Cathi Richardson, as a permissive user of an insured automobile covered by one of three policies of insurance issued by appellee, Farmers Insurance Company (Farmers), can...
Romero v. Earl - 5/1/1991
Ransom, Justice. [111 NM Page 789] Dr. Charles Romero, a chiropractor, sued attorney Richard Earl in metropolitan court for $2,339.82 pursuant to a "Doctor's Lien" against settlement proceeds in a worker's
compensation...
McDermitt v. Corrections Corp. - 3/28/1991
We granted this interlocutory appeal in conjunction with the interlocutory appeal in Ortiz v. New Mexico State Police, (Ct. App. 1991) (No. 12,707) to consider the circumstances, if any, in which the New Mexico Tort Claims Act, NMSA...
Fowler-Propst v. Dattilo - 3/22/1991
Hartz, Judge. [111 NM Page 573] The district court ruled that newly discovered evidence required setting aside a judgment in favor of plaintiffs. Plaintiffs contend that the district court erred because the new evidence concerned an...
Hakkila v. Hakkila - 3/21/1991
In response to the petition of E. Arnold Hakkila (husband) for dissolution of marriage, Peggy J. Hakkila (wife) counter-petitioned for damages arising from alleged intentional infliction of emotional distress. Husband appeals from the...
Sanchez v. Siemens Transmission Systems - 3/19/1991
Siemens Transmission Systems and Zurich-American Insurance Group (jointly "employer") appeal a compensation order of the Workers' Compensation Administration (WCA) awarding claimant temporary total disability and other benefits....
Kennecott Copper Corp. v. Chavez - 12/13/1990
The New Mexico Subsequent Injury Fund (Fund) appeals the workers' compensation judge's (judge) determination that the Fund is liable for 50% of payments made by employer to worker. The Fund raises several issues. It initially...
Romero v. Dairyland Insurance Co. - 12/12/1990
In this case we address the effect of a regulation of the New Mexico Department of Insurance regarding the rejection of uninsured motorist coverage. Josie Romero, the insured of Dairyland Insurance Company, claims that her written...
Davis v. Gabriel - 12/11/1990
Roger Davis sued his former attorney, Elizabeth Gabriel, alleging that her legal malpractice caused him not to pursue a meritorious personal injury claim before the expiration of the statute-of-limitations period. The district...
Trujillo v. City of Albuquerque - 8/27/1990
{PA}
Page 622} RANSOM, Justice.
Lawrence Trujillo obtained a personal injury judgment of $547,905.80 against the City of Albuquerque. His injuries occurred when a City employee, Clarence M. Wright, drove a City crane...
In re Privette - 8/22/1990
PER CURIAM.
This matter is before the court following disciplinary proceedings conducted pursuant to the Rules Governing Discipline, SCRA 1986, 17-101 through 17-316 (Repl. Pamp. 1988 & Cum. Supp. 1990) wherein...
Bolden v. Village of Corrales - 8/21/1990
Alarid, Judge.
Defendant appeals the denial of its motion to dismiss for non-compliance with the statute of limitations. The application for interlocutory appeal was granted and the case assigned to the summary calendar...
Grantland v. Lea Regional Hospital Inc. - 8/20/1990
WILSON, Justice.
Defendant-respondent Lea Regional Hospital, Inc. (Regional) filed a motion in district court to dismiss the medical malpractice complaint of plaintiffs-petitioners James R. and Betty Grantland (Grantlands)...
Sanchez v. Memorial General Hospital - 8/16/1990
{PA}
Page 684} DONNELLY, Judge.
Claimant appeals from an order of a workers' compensation judge (WCJ) dismissing claimant's workers' compensation claim with prejudice. Claimant has raised four issues on appeal, which we...
Folz v. State - 8/8/1990
RANSOM, Justice.
This wrongful death and personal injury action was brought against the state and its agency, the Highway Department, and against Slurry Seal, Inc., a highway construction company. Plaintiffs claimed that...
State v. Barraza - 3/6/1990
HARRIS L. HARTZ, Judge.
Defendant received concurrent sentences on convictions of one count of kidnapping and two counts of second degree criminal sexual penetration (CSP II). His challenge to the CSP convictions rests on...
Nez v. Forney - 12/5/1989
BACA, Justice.
Plaintiffs, Jimmy and Elizabeth Nez (Nez) appeal the district court's order granting summary judgment in favor of defendants M Bank and Max Forney. M Bank is a Texas corporation with its principal place of business...
Jessen v. National Excess Insurance Co. - 6/22/1989
RANSOM, Justice.
Seeking compensatory and punitive damages, Larry Jessen and Michael McCoun sued National Excess Insurance Company (National) for breach of contract and bad faith failure to pay a first-party claim. The jury...
Schlieter v. Carlos - 6/15/1989
PER CURIAM.
Plaintiff filed a medical malpractice action in the United States District Court for the District of New Mexico, naming several defendants, some of whom are covered as health care providers under the New Mexico...
Collins v. Perrine - 6/1/1989
APODACA, Judge.
Defendant John Perrine (Perrine) appeals an adverse jury verdict of $2,958,789 entered against him in a legal malpractice case. This appeal was originally consolidated with Cause No. 9768, in which the same...
Baca v. Bueno Foods - 12/8/1988
HARTZ, Judge.
The Workers' Compensation Division's (WCD) hearing officer found that claimant, Josephine Baca, injured a finger and her back in an accident arising out of her employment with Bueno Foods and had been unable to...
Baxter v. Noce - 3/16/1988
WALTERS, Justice.
Joyce Baxter, as personal representative of the estate of decedent Wayne K. Baxter, brought a wrongful death action against Fausto and Eugene Noce d/b/a La Fiesta Night Club and Bar, Shady Grove Truckstop and...
Frappier v. Mergler - 3/15/1988
GARCIA, Judge.
This appeal comes before the court for decision following its submission to an advisory committee pursuant to an experimental plan. See Patterson v. Environmental Improvement Div., 105 N.M. 320 , 731 P.2d...
Trujillo v. Treat - 3/1/1988
DONNELLY, Chief Judge.
Plaintiff, as personal representative of the estate of Henry Trujillo, Jr., appeals from an order granting summary judgment and dismissing his wrongful death action against defendants Linda W. Treat...
Jim v. Budd - 6/9/1987
ALARID, Judge.
In this wrongful death action, plaintiff appeals a judgment entered on a (special interrogatory) jury verdict in favor of defendant. Plaintiff also appeals the trial court's denial of her motion for new trial....
State v. Bernal - 6/2/1987
MINZNER, Judge.
Defendant was convicted of two counts of second degree criminal sexual penetration, and one count each of kidnapping, false imprisonment, and assault with intent to commit criminal sexual penetration. Defendant...
Branchal v. Safeco Insurance Co. - 6/1/1987
WALTERS, Justice.
The sole issue in this appeal is whether an injured passenger looks to uninsured motorist coverage from the insurer of the vehicle in which he was riding at the time of the injury, or to his own insurer for...
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