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In personal injury cases, many people think of their attorneys being most useful during examinations of witnesses and closing arguments. However, one very crucial part of a trial is in the crafting of the jury instructions. Jury instructions can drastically change the outcome of a case because jurors are laypeople who do not necessarily understand…

New Mexico has very specific laws that address when sovereign immunity applies and which waivers accompany the statute that was created in the late 1970s. The act that was created to address suits against the government was intended to protect the government from an inundation of legal suits based on actions that are necessary to…

When a bar, club, or restaurant over-serves a customer to the point of intoxication, and then that customer goes on to cause a drunk driving accident, intuition tells us that the driver should not be the only one held responsible. In fact, there are laws in most states that allow for the victim of…

Many people are familiar with the term “pain and suffering” when it comes to damages awards following a successful negligence lawsuit, but not many people know that damages are not always automatically awarded to plaintiffs. There are several different types of damages awards to which a plaintiff may be entitled when a judge or jury finds that…

Earlier this month in New York, an appellate court handed down a decision broadening the liability of treating physicians when they administer medication to a plaintiff in the hospital. In the case, Davis v. South Nassau Communities Hospital, the court held that prescribing doctors may be liable to a third party when they fail…

The risk of an alcohol-related accident is heightened during the holiday season since many people are frequenting parties and bars to celebrate. In New Mexico, a culpable party may be held liable for an accident they caused under traditional theories of negligence law. However, what is less well known is that in certain very…

A California appellate recently released an opinion in a case brought by a haunted house patron who was injured while visiting the attraction. According to the court’s written opinion, in 2011, the plaintiff purchased tickets to a haunted experience in San Diego County. Evidently, the haunted house was an interactive experience where actors jump out…

Earlier this month, an appellate court in Alaska heard a case brought by a patient against his doctor, alleging that the doctor’s failure to provide an acceptable level of medical care resulted in a permanent injury. In the case, Brandner v. Pease, the plaintiff was a patient who underwent open heart surgery that was…

In a recent case, the Maine Supreme Court recently affirmed a jury’s decision not to award damages to a man injured while helping his neighbor cut down a tree. At the trial, the man alleged that his injuries were the direct result of his neighbor’s negligence. According to the court’s opinion, the defendant asked…

Earlier this month, a woman was fatally injured while attempting to cross a New Mexico roadway. According to a New Mexico news report, the crash occurred near Kathryn Avenue and Louisiana Boulevard at around 10:15 p.m. The details of the accident are still being fully investigated. However, at the time of the initial report, emergency…