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In a recent opinion, a state supreme court reversed a district court’s decision granting summary judgment to a doctor involved in a medical malpractice lawsuit. The lawsuit stems from an incident in which a woman twisted her knee while at work. The procedural rules discussed in the case may be relevant to some New…

Expert witness testimony comes into play in a significant number of New Mexico car accident cases. Understanding the rules regarding expert witnesses is important for all potential personal injury plaintiffs. Recently, one state’s supreme court reversed a lower court’s judgment that granted a plaintiff summary judgment in a car accident case. The lawsuit stemmed…

One state’s supreme court recently released an opinion regarding the appeal of a verdict in favor of an injured middle school student. It discusses some legal concepts that may be relevant to people filing New Mexico personal injury lawsuits. In 2004, an 11-year-old student was playing floor hockey as part of his physical education…

In a recent opinion, the New Mexico Supreme Court addressed the nuances of the New Mexico Medical Malpractice Act (MMA). The opinion stems from a plaintiff’s lawsuit against an OB/GYN who allegedly failed to diagnose a large malignant mass on the plaintiff’s left ovary. The Facts of the Case In 2006, the plaintiff was…

In a case that may be of interest to New Mexico premises liability plaintiffs, state’s supreme court recently granted summary judgment to a carnival company after a teenager was fatally injured crossing a road adjacent to the carnival grounds. According to the court’s opinion, the young girl and her friends were searching for somewhere…

New Mexico is widely known for its picturesque terrain and awe-inspiring views. With its unique landscape, it is no wonder that many people enjoy New Mexico’s scenery on horseback. Although many people have experience riding horses, there are, of course, many who do not possess the skill and expertise to properly maneuver these animals….

In New Mexico medical malpractice cases, the plaintiff must be able to establish certain elements before the case will be permitted to proceed toward trial. If a plaintiff does not present sufficient evidence of medical negligence, the case will likely be dismissed in a pre-trial defense motion for summary judgment. One of the most…

Earlier this month, an appellate court in California issued a written opinion in a personal injury case that may be of interest to New Mexico personal injury plaintiffs. The case illustrates how a defendant may attempt to argue that a plaintiff assumed the risk of injury, potentially defeating the plaintiff’s claim. Assumption of Risk…

Earlier this month, a Mississippi appellate court issued a written opinion in a premises liability lawsuit that should act as a warning to all New Mexico personal injury victims. The case involved a slip-and-fall case filed against three defendants, two of which the plaintiff excused through a pre-trial settlement agreement. However, the issue for…

Under New Mexico law, landowners have a duty to keep their property safe for the people whom they invite onto the property. In almost all situations, a landowner has at least some duty to protect visitors from harm. The level of the duty owed to the visitor depends largely on the reason why the…