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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Sanchez v. Zanio's Foods - 10/20/2005
Defendants Zanios Foods, Inc. and Food Industry Self-Insurance Fund of New Mexico (collectively, Employer) seek review of a Workers' Compensation Administration (the Administration) award of benefits to Ray Sanchez (Worker) and of...

Fernandez v. Espanola Public School District - 8/8/2005
Petitioners-Appellants Eric E. Fernandez and Veronica R. Fernandez, personal representatives for the estate of Leon A. Fernandez, entered into a settlement agreement with Respondents-Appellees Espanola Public School District and...

Tomlinson v. George - 6/30/2005
Plaintiff-Petitioner Patricia Tomlinson brought a medical malpractice action against Defendant-Respondent Dr. Jacob George. The district court granted George's motion for summary judgment based on the ground that Tomlinson failed...

Doe v. Pueblo - 6/28/2005
This case requires us to decide whether a New Mexico state court has subject matter jurisdiction of a personal injury suit brought against Santa Clara Pueblo as a result of events occurring at a casino owned and operated by Santa...

State v. Jensen - 6/23/2005
In November 2002, Defendant David Jensen grabbed his wife (Wife) by the arms, sat her on a bed, ignored her telling him "no" and to stop, and, overcoming her physical resistance, while kneeling on her arms Defendant took off Wife's...

Talbott v. Roswell Hospital Corp. - 6/22/2005
Roswell Hospital Corporation (the Hospital) appeals from a judgment in favor of Kim and Bonnie Talbott (Plaintiffs), as co-personal representatives of the estate of Damon K. Talbott (Decedent). The Hospital raises six issues on...

State v. Fielder - 6/22/2005
Defendant appeals his convictions of third degree criminal sexual penetration (CSP III), aggravated battery, and false imprisonment. He does not challenge a fourth conviction of larceny. His briefs raised the following three double...

Jacobo v. City of Albuquerque - 6/16/2005
This case arises from the entry of summary judgment in favor of Defendants, Public Service Company of New Mexico (PNM) and the City of Albuquerque (the City). Plaintiffs Dora and Manuel Jacobo alleged they were injured after Dora...

State Farm Mutual Automobile Insurance Co. v. Naomi Luebbers - 6/14/2005
Naomi Luebbers (Luebbers) presented a claim to State Farm Mutual Insurance Company (State Farm) on behalf of her minor son, Brian Salazar, Jr. for uninsured motorist benefits, alleging that Brian Jr. sustained loss of consortium...

Wagner v. AGW Consultants - 5/24/2005
{1} Worker prevailed in a heavily litigated worker's compensation claim and was awarded $58,599 in medical expenses, plus $26,761 in past and future weekly benefits. At the hearing on attorney fees, the worker's attorney sought...

Tom Growney Equipment Co. v. Jouett - 5/20/2005
{1} This workers' compensation case involves the questions of whether an initial employer or subsequent employers are liable for disability and medical benefits for a non-disabling injury originally sustained during employment that...

Moffat v. Branch - 5/18/2005
This case continues a controversy over attorney fees generated from a medical malpractice settlement. See Moffat v. Branch, 2002-NMCA-067, 132 N.M. 412, 49 P.3d 673 [hereinafter Moffat I]. Attorney Stephen Moffat asserts that he...

Upton v. Clovis Municipal School District - 4/20/2005
{1} Section 41-4-6 of the Tort Claims Act, NMSA 1978, §§ 41-4-1 to 41-4-27 (1976, as amended through 2004) (TCA), provides a waiver of governmental immunity when damages flow from "the operation or maintenance of any building." This...

Baker v. BP America Production Co. - 3/31/2005
In this appeal we decide where venue lies in an action involving multiple defendants, all of which are foreign corporations. See NMSA 1978, § 38-3-1 (1988). The district court ruled that venue was proper in any county as to nine of...

Lopez v. Reddy - 3/30/2005
{1} In this case, we review whether the trial court abused its discretion in deciding that a medical expert, without expertise in surgical techniques, was not qualified to testify regarding the standard of care required for the...

Dominguez v. Perovich Properties - 3/30/2005
Plaintiff Paul Dominguez appeals from an adverse summary judgment rejecting his tort claim for personal injury, commonly called a "Delgado claim." Plaintiff sought relief against his employer, Perovich Properties, Inc. (Employer),...

Seeds v. Lucero - 3/30/2005
{1} This case arises from a political and familial feud that has already resulted in two opinions from our Court. See VanderVossen v. City of Espanola, 2001-NMCA-016, 130 N.M. 287, 24 P.3d 319; Seeds v. VanderVossen, No. 22,718,...

State v. Maestas - 3/28/2005
{1} In this appeal we consider whether coercion is an essential element of second degree criminal sexual penetration perpetrated in the commission of another felony (CSP II (felony)), contrary to NMSA 1978, § 30-9-11(D)(5) (2003)....

Williams v. Stewart - 3/22/2005
{1} This is an appeal from an order granting summary judgment and dismissing a class action lawsuit. The issues primarily concern the application of the discovery rule. The essential elements of fraud are also at issue. Under the...

Belser v. O'Cleireachain - 3/17/2005
{1} Plaintiff Joanne Belser appeals the district court's order granting the motion of Defendant Dr. Feidhlim O'Cleireachain (Defendant) to lift a stay and dismiss without prejudice Plaintiff's medical malpractice complaint. The court...

State v. Collins - 3/4/2005
Charged with aggravated DWI and convicted of DWI, Defendant appeals on eight grounds. We affirm. BACKGROUND On January 27, 2001, Officer Christopher Williams was talking to another officer in the parking lot of a gas...

Spencer v. Health Force - 1/31/2005
Plaintiff-Petitioner James Spencer, the personal representative of the estate of Hope Rigolosi, filed a wrongful death claim against Defendant-Respondent Health Force, Inc., based on negligent hiring, supervision, training, and...

State v. Dominguez - 1/27/2005
Following a jury trial, Defendant Rodrigo Dominguez was convicted of voluntary manslaughter, contrary to NMSA 1978, § 30-2-3(A) (1994), aggravated battery, contrary to NMSA 1978, § 30-3-5 (1969), two counts of shooting at or from a...

Solorzano v. Bristow - 9/16/2004
Plaintiff appeals the order of the district court granting summary judgment in favor of Defendant. For the reasons that follow, we reverse. BACKGROUND Plaintiff in this wrongful death action is Frances Solorzano,...

Webb v. Menix - 2/20/2004
The issues in this case arise from Mother's attempt to receive retroactive child support payments under the Uniform Parentage Act , NMSA 1978, §§ 40-11-1 to -23 (1986, as amended through 2001). The parties' child was born in...

Martinez v. Friede - 2/20/2004
We were petitioned to review the opinion of the Court of Appeals, which held that the district court's order granting a new trial was void since the court lacked jurisdiction to rule on a motion for new trial more than thirty days...

State v. Druktenis - 1/30/2004
Defendant Sean Gene Druktenis pled guilty in 1998 to sex offenses for which he was not required to register under New Mexico's then existing sex offender law. Because he was later required to register for those offenses as a result...

Sam v. Estate of Sam - 12/12/2003
Plaintiffs appeal the district court's order granting Arizona School Risk Retention Trust, Inc.'s (the Trust) motion to dismiss and its later order granting summary judgment to the Estate of Benny Sam, Jr. (the Estate). Because...

Paradiso v. Tipps Equipment - 11/20/2003
Tipps Equipment (Employer) and Food Industry Self-Insurance Fund (Insurer) appeal adverse decisions of a Workers' Compensation Judge (WCJ) denying enforcement of a settlement agreement and granting summary judgment awarding...

Brenneman v. Board of Regents of the University of New Mexico - 11/17/2003
This case presents the question of whether loss of consortium damages are recoverable under Sections 41-4-9 and -10 of New Mexico's Tort Claims Act. See NMSA 1978, §§ 41-4-1 to -27 (1976, as amended through 2003) (hereinafter "the...

Romero v. Pueblo of Sandia/Sandia Casino - 9/29/2003
This case requires us to clarify the circumstances under which a plaintiff is entitled to join a defendant's liability insurer as a party to a lawsuit. Plaintiffs Evangeline Trujillo Romero and Jeff Romero appeal the dismissal of...

Andrews v. Saylor - 9/25/2003
This case presents us with a question of first impression concerning proximate cause in legal malpractice cases: does the judge or the jury decide whether an attorney's failure to appeal was a proximate cause of injury to the...

Little v. Gill - 6/16/2003
We address in this appeal an issue arising from our Supreme Court's opinion in Raskob v. Sanchez, 1998-NMSC-045, 126 N.M. 394, 970 P.2d 580. Can an injured party maintain a direct action against a tortfeasor's insurer without the...

Risk Management Division of the General Services Dep't of State ex rel. Apodaca v. Farmers Insurance Co. of Arizona - 5/30/2003
This case presents an issue of first impression: whether a foster child is a "resident" of the foster home for the purposes of the resident exclusion in a homeowner's insurance policy. The district court, determining that foster...

Lozoya v. Sanchez - 3/24/2003
para;1 In this negligence action, Plaintiffs appealed to the Court of Appeals from a judgment and verdict of the district court. The Court of Appeals certified the matter to this Court, because the case involves an issue of...

Apodaca v. AAA Gas Co. - 3/11/2003
This is an appeal from a civil jury verdict in favor of Defendants denying Plaintiffs damages for personal injury and property loss. Plaintiffs raise seven points of error: (1) refusing a jury instruction for ultrahazardous...

Hagen v. Faherty - 2/18/2003
The issue in this case is whether the state may be estopped from invoking the statute of limitations in the Tort Claims Act, NMSA 1978, § 41-4-15 (1977), when right and justice demand. We hold that it may. Defendant-Appellant Dr....

Allen v. Tong - 2/10/2003
Plaintiff Phillip Allen, also known as Phillip Lindberg, appeals from an adverse jury verdict on his medical malpractice claims against Defendant Dr. Rolando M. Tong. Plaintiff asserts: (1) the district court erred by refusing...

Miller v. Triad Adoption and Counseling Services - 2/6/2003
This is an appeal of a summary judgment granted to The Reciprocal Alliance Group (TRA), the third-party defendant-appellee, and against Triad Adoption and Counseling Services (Triad) and Choices Adoption and Counseling Services...

Fickbohm v. St. Paul Insurance Company - 12/23/2002
Plaintiffs Darlene Fickbohm and Jean Jarvis (referred to jointly as Plaintiffs or individually as Fickbohm and Jarvis) appeal from the district court's order permitting St. Paul Insurance Company (St. Paul) to offset from...

In re Estate of Sumler - 12/19/2002
Appellee's motion for rehearing having previously been granted by our Court, and our original opinion filed on September 23, 2002, having been withdrawn by order of the Court, the following opinion is hereby substituted as the...

Juarez v. Nelson - 12/3/2002
This matter comes before the Court upon the unopposed motion for rehearing of Appellee Presbyterian Health Services. We grant the motion for rehearing and substitute the following opinion in place of our opinion filed 10-21-02. ...

Romero v. Valencia County - 9/24/2002
Plaintiff was injured when he fell off an elevated platform while unloading trash at a waste transfer facility operated by Defendant Valencia County ("the County"). Among other claims, his complaint alleged a design defect. The...

DeFillippo v. Neil - 6/21/2002
Plaintiffs Patrick DeFillippo, Stephanie DeFillippo, Gary Lizzi, and Patricia Lizzi filed suit against Eva Neil (Neil) claiming damages for personal injuries suffered as a result of the collapse of a balcony. Neil filed her answer...

Couch v. Astec Industries - 6/19/2002
Plaintiff Tom Couch was seriously injured in the course of his employment when his foot was caught in a tail pulley on an asphalt recycling plant manufactured by Defendant Astec Industries, Inc. Plaintiff sued Defendant for strict...

Quality Chiropractic - 6/14/2002
Plaintiff, a chiropractic clinic, provided treatment to a patient who suffered injuries in a car accident. The patient signed a document granting Plaintiff an "assignment and lien" in any proceeds that he received from claims...

Meyers v. Western Auto - 6/6/2002
In this workers' compensation case, we address the consequences of bad faith handling of a worker's claim and the award of attorney fees. John L. Meyers (Worker) appeals from orders awarding him medical benefits and attorney fees,...

Cooper v. Chevron U.S.A. - 6/4/2002
Plaintiffs-Respondents ("Plaintiffs") brought an environmental action in Santa Fe County against a number of oil and gas companies. The complaint stated various claims stemming from Defendants-Petitioners ("Defendants") alleged...

Souter v. Ancae Heating and Air Conditioning - 5/30/2002
Juan Souter (Worker) appeals from an order of the Workers' Compensation Judge (WCJ) denying Worker total temporary disability (TTD) benefits from Ancae Heating and Air Conditioning and its insurance carrier (Employer). Worker seeks...

State v. Mantelli - 1/29/2002
Joseph Mantelli (Defendant), a police officer, appeals his conviction for voluntary manslaughter, aggravated assault with a deadly weapon (a firearm), and shooting at a motor vehicle resulting in injury. Defendant argues the trial...

Rupp v. Hurley - 12/10/2001
In this case, consistent with New Mexico Supreme Court precedent, we hold that under NMSA 1978, § 41-4-15 (1977) of the Medical Malpractice Act (MMA), a decision by the Medical Review Commission (MRC) is not a jurisdictional...

Trujillo v. Northern Rio Arriba Electric Cooperative - 12/6/2001
Northern Rio Arriba Electric Cooperative, Inc. (NORA) appeals from a jury verdict granting damages to Frank and Lorraine Trujillo. Frank Trujillo had pursued a discrimination claim against NORA under the New Mexico Human Rights...

Barbeau v. Hoppenrath - 8/29/2001
Plaintiffs Ronald and Leora Barbeau (Barbeaus) originally filed their personal injury claim (first complaint) against Defendant Kim Hoppenrath (Hoppenrath) and Farmers Insurance Company of Oregon in the United States District Court...

Truck Insurance Exchange v. Gagnon - 8/23/2001
The issue in this case is whether Tomato Café's (café) general comprehensive liability insurance policy covers a claim for sexual harassment of an employee. The trial court ruled that it does and granted summary judgment in favor...

In re Quintana - 8/16/2001
Two sequential disciplinary proceedings concerning the conduct of Orlando A. Quintana were conducted pursuant to the Rules Governing Discipline, Rules 17-101 to -316 NMRA 2001. In each proceeding, respondent committed multiple...

State v. Gonzales - 3/26/2001
Defendant appeals his adult sentence as a consequence of the trial court's findings that he was not amenable to treatment as a juvenile or eligible for commitment to an institution for the mentally disordered or developmentally...

In re Romero - 3/15/2001
This matter came before the Court upon the recommendation of the disciplinary board to accept a conditional agreement not to contest and consent to discipline tendered by respondent, Annabelle M. Romero, pursuant to Rule 17-211...

Wallis v. Smith - 3/1/2001
Peter Wallis and Kellie Rae Smith were partners in a consensual sexual relationship. Allegedly, Smith misrepresented that she was practicing birth control when she was not, and Wallis unknowingly fathered her child. Wallis sued...

Eskew v. National Farmers Union Insurance Co. - 9/18/2000
Plaintiffs-Appellants Gary and Vickie Eskew (collectively, Employee) and Intervenors-Appellees National Farmers Union Insurance Company and ENMR Telephone Cooperative (collectively, Insurer) dispute whether Insurer may be assessed...

Macias v. Jaramillo - 8/15/2000
The issue in this appeal is whether a plaintiff who files an action seeking recovery against an estate loses her cause of action if she has not joined a duly appointed personal representative of the dead person's estate before the...

In re Moore - 6/27/2000
Pursuant to Rule 17-211 NMRA, this matter came before the Court for consideration of the recommendation of the hearing committee and the disciplinary board to accept a conditional agreement not to contest and consent to discipline...

Cronin v. Sierra Medical Center - 6/19/2000
Kenneth Cronin and Brigitte Cronin (Plaintiffs) filed a medical malpractice lawsuit against Sierra Medical Center, El Paso Southwestern Cardiovascular Associates, P.A., Dr. Kenneth Eisenberg, Dr. Felice Bruno, Dr. Jerry Miller, and...

State v. Mann - 6/6/2000
APODACA, Judge. Defendant appeals his convictions for second-degree murder, intentional child abuse resulting in death, and aggravated battery of a household member. He raises three issues on appeal: (1) extraneous material...

State v. Todisco - 5/30/2000
Anthony Todisco (Defendant) appeals the Amended Judgment, Partially Suspended Sentence and Commitment Upon Remand entered by the district court after this Court's remand for re-analysis of NMSA 1978, Section 32A-2-20(B) and (C)...

Peterson v. Wells Fargo Armored Services Corp. - 3/20/2000
Jean Peterson (Plaintiff), personal representative of the estate of Jeffrey Oelcher, appeals from the trial court's order granting summary judgment in favor of Defendant Wells Fargo Armored Service Corporation (Wells Fargo). In...

Graubard v. Balcor Co. - 3/14/2000
Defendant, The Balcor Company (Balcor), filed an application for interlocutory appeal from an order denying its motion to dismiss Plaintiff's personal injury complaint against it for improper service of process. This Court granted...

Bartlett v. Mirabal - 3/3/2000
This interlocutory appeal arises from a will contest. Petitioner Gia May Bartlett filed the will of Silvestre Mirabal (Decedent) for formal probate. Decedent's sister, Respondent Maria R. Mirabal (Contestant), challenged the will...

Lewis v. Samson - 9/14/1999
{1} Marta C. Lewis (Plaintiff) appeals from a judgment after a jury verdict in favor of Dr. Norberto R. Samson and Dr. Raymond F. Ortiz (Defendants). As personal representative of the estate of Martin C. Lewis (the patient),...

In re of the Termination of Parental Rights of a Child - 8/31/1999
{1} This case concerns the extent to which New Mexico may exert, or needs to have, personal jurisdiction in termination of parental rights proceedings over a parent who has never had any connection with the State. Elizabeth V....

Flores v. Danfelser - 6/4/1999
{1} Plaintiffs Maria Stella Flores (hereafter Stella Flores) and Dan Flores, her husband, appeal from an order dismissing their tort claims and claims alleging a violation of their civil rights under 42 U.S.C. § 1983 (1994) filed...

Reaves v. Bergsrud - 5/5/1999
{1} Plaintiff filed a medical malpractice action against Defendant. After a trial by jury, Defendant was exonerated of any negligent action. On appeal, Plaintiff asserts that the trial court erred in (1) denying Plaintiff's motion to...

Pollock v. State - 4/29/1999
{1} Plaintiffs sued the Highway and Transportation Department (the Department) for wrongful death, personal injuries and loss of consortium arising from a two-vehicle, head-on collision. In their suit, Plaintiffs claimed that the...

McLelland v. United Wisconsin Life Insurance Co. - 3/26/1999
{1} United Wisconsin Life Insurance Company (United Wisconsin) appeals a $250,000 punitive damages award entered against it for willfully engaging in an unfair trade practice, in violation of the Unfair Practices Act, NMSA 1978, §§...

Rupp v. Hurley - 3/5/1999
{1} This case aptly illustrates the observation that procedural miscues can produce quite substantive consequences. The district court dismissed Plaintiff's medical malpractice action against her treating physicians because...

Delta Automatic Systems - 12/10/1998
{1} Diane and Paul J. Quintana were the sole shareholders and officers of Delta Automatic Systems, Inc. (Delta), when Delta hired attorney Wayne E. Bingham to help it terminate its contract with Road Sprinkler Fitters Local Union No....

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