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A plaintiff whose foot was allegedly broken by a repo-man will not be able to take her personal injury case to trial because her legal team did not designate an expert witness for trial before a scheduling deadline that was set by the Court. In the case of Duke v. Garcia, U.S. Dist. Ct….

In a recently released ruling by the United States District Court for the District of New Mexico, the Court rejected a defendant’s motion to prevent an expert witness from testifying for the plaintiff in a New Mexico personal injury lawsuit. In Coll v. BNSF Railway Company, the Court agreed with the arguments made by…

Drunk driving accidents occur at a startling rate across New Mexico, injuring hundreds of New Mexicans each year. While the reasons behind drunk driving accidents vary, many times people over consume alcohol at clubs or bars and then get in their car and cause an accident. Awhile back, the State Legislature of New Mexico…

The doctrine of circuity is a legal doctrine that some state and federal courts across the country have adopted to conserve valuable judicial resources. At its heart, the doctrine serves to prevent a plaintiff from seeking damages from a defendant with whom that plaintiff does not have a valid course of action. The recent…

Last week, a tragic head on collision left two dead and one injured just outside Carlsbad, New Mexico. According to a report by the Carlsbad Current-Argus, the accident occurred on Eddy County Road 605 shortly after 6 a.m. Apparently, a Toyota Tundra was heading southbound on the highway and a Ford Focus was heading…

Earlier this week in Iowa, two men were killed in a rollover accident on Highway 30. According to a report by Omaha.com, one of the men was from Corrales, New Mexico and the other from Plant City, Florida. Apparently, shortly after 7 a.m. the driver of the vehicle lost control of the vehicle and…

The New Mexico Supreme Court has ruled in three separate cases that businesses formed by physicians are subject to the same medical malpractice caps as individual doctors. According to the high court, professional corporations and limited liability companies established for business or tax purposes meet the definition of a health care provider under the…

The Supreme Court of New Mexico has reversed a lower court’s holding that the New Mexico Department of Transportation (DOT) is immune as a matter of law from being sued for negligently failing to remedy a purportedly dangerous road condition. In Martinez v. N.M. Dep’t of Transp., the family of a couple who was…

In September, the federal government sent letters to gun dealers nationwide informing them that medical marijuana card holders in states that have legalized the use of medical marijuana fell within the category of “unlawful drug users”/”addicts”, to whom it was illegal to sell a gun. Outrage ensued, and what appears to be the first…

Critical developments in New Mexico uninsured motorist law could provide substantial assistance to people who have suffered serious personal injuries cause by uninsured or under-insured drivers. This could be true even for injured persons who have already settled their uninsured or under-insured motorists claim. Uninsured motorist coverage is a type of insurance coverage which…