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June 25, 2018 | Posted in Auto Accidents, Firm News, Insurance Companies

New Mexico Court Finds that Plaintiff’s Rejection of UIM Coverage Was Valid

The State of New Mexico requires that all drivers maintain a certain amount of car insurance in order to legally operate a vehicle on the road. This requirement is designed to ensure that, in the event of a serious accident, the at-fault party has the ability to compensate the victim for their injuries. However,…

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June 20, 2018 | Posted in Firm News, Relevant Personal Injury Case Law, Slip & Fall

Court Enforces Clause in Residential Lease Agreement Limiting the Amount of Time the Tenant Had to File a Lawsuit

In all New Mexico personal injury lawsuits, the plaintiff must commence their lawsuit within a certain amount of time. Under New Mexico Statutes section 37-1-8, the statute of limitations for a New Mexico personal injury lawsuit is three years. Section 41-5-13 provides the same three-year statute of limitations for New Mexico medical malpractice cases….

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June 13, 2018 | Posted in Firm News, Relevant Personal Injury Case Law, Slip & Fall

Court Rules in Plaintiff’s Favor in Recent Grocery Store Slip-and-Fall Case

Recently, a state appellate court issued an opinion in a personal injury case brought by a customer of a grocery store after she fell in one of the store’s aisles. The court discussed an important issue that frequently arises in New Mexico slip-and-fall lawsuits. The Facts of the Case The case stemmed from an…

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June 6, 2018 | Posted in Firm News, Relevant Personal Injury Case Law, Work Place Injury, Wrongful Death

Court Finds Plaintiff Waived Challenge to Jury’s Verdict By Failing to Object

The New Mexico Supreme Court recently issued an opinion finding that the plaintiffs were unable to appeal a jury’s verdict because they did not object to the verdict prior to the jury’s discharge. Facts of the Case An ironworker fell off a wall while he was in the middle of a construction project in…

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May 30, 2018 | Posted in Auto Accidents, Firm News, Relevant Personal Injury Case Law

Appellate Court Remands Personal Injury Case Due to Incorrect Jury Instruction

Recently, a state appellate court issued an opinion in a personal injury case requiring the court to determine if the jury was improperly instructed and, if so, what the remedy should be. The case is relevant to New Mexico car accident victims because it illustrates the importance of jury instructions, and what can be…

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May 23, 2018 | Posted in Firm News, Relevant Personal Injury Case Law, Slip & Fall

Appellate Court Remands Case in Plaintiff’s Favor in Recent Premises Liability Action

Recently, a state appellate court issued a personal injury opinion discussing an issue that is applicable in many New Mexico premises liability lawsuits. In this case, the court was presented with an appeal that granted Wal-Mart summary judgment after a woman was injured when she slipped and fell on a puddle of water inside the store….

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May 15, 2018 | Posted in Auto Accidents, Firm News, New Mexico Laws, Relevant Personal Injury Case Law

New Mexico’s Comparative Negligence Statute Allows More Plaintiffs to Recover for Their Injuries

The requirements of filing a personal injury lawsuit are generally the same throughout the United States, but the outcomes of similar cases can vastly differ, depending on where the case is filed. The reason for this discrepancy is due, among other things, to the various rules surrounding the apportionment of fault and liability, subrogation,…

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May 10, 2018 | Posted in Drunk Driving, Firm News

Third-Party Liability for Serving Alcohol to Intoxicated Individuals in New Mexico

Many states impose liability on individuals who provide or serve alcohol to an intoxicated person when that person goes on to cause an accident or injury. This liability is normally outlined in a state’s “dram shop” law. New Mexico’s dram shop law allows an injured person to hold an alcohol vendor liable for injuries…

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April 26, 2018 | Posted in Auto Accidents, Firm News, Relevant Personal Injury Case Law

Appellate Court Reverses Lower Court Decision in Lawsuit Against Employer

Recently, a state court issued an opinion in a car accident case in which the driver was acting in the course of his employment for the defendant employer when the accident occurred. Facts of the Case An energy company hired a drilling company to drill oil and gas wells on a property they owned….

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April 24, 2018 | Posted in Auto Accidents, Firm News, Relevant Personal Injury Case Law

New Mexico Court Affirms Summary Judgment in Favor of Rental Car Company After Renter Is Involved in an Accident

Earlier this year, a federal appellate court issued a ruling in a negligent entrustment lawsuit filed by two individuals against a rental car company, whose patrons injured the plaintiffs in a New Mexico car accident. Facts of the Case In 2014, a group of 21-year-old men from Turkey rented a car from a rental…

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