Articles Posted in Car Crashes

In a recent ruling applying New Mexico personal injury law, the United States District Court for the District of New Mexico denied the defendant tractor-trailer manufacturer summary judgment on most grounds and granted the tractor-trailer manufacturer summary judgment in part. The underlying litigation was brought following a fatal collision between a car and a tractor-trailer…

A recent ruling by the United States District Court for the District of New Mexico in a truck accident lawsuit allowed the plaintiffs to proceed with some but not all of their causes of action, after the defendants challenged the sufficiency of the plaintiffs’ complaint. The court’s analysis followed a tractor-trailer collision resulting in an…

In a recent opinion the U.S. District Court for the District of New Mexico denied an insurance company’s motion to bifurcate claims and stay discovery. Under Federal Rule of Civil Procedure 42(b), federal courts have the authority to take actions including ordering separate trials over multiple claims. The courts enjoy broad discretion with respect to…

A recent personal injury case discusses how to determine the citizenship of limited liability companies (sometimes referred to as LLCs) when they are parties to litigation in New Mexico federal court. After a car accident, plaintiffs who were allegedly residents of New Mexico, filed a personal injury case in state court. The plaintiffs brought the…

In a recent ruling, the U.S. District Court for the District of New Mexico denied summary judgment to the sole defendant, an out of state tire manufacturer. The case before the court arose after a tire blow out that allegedly was caused by manufacturing and design defects. Allegedly after the tire blew out, a tragic…

In some New Mexico personal injury cases the plaintiffs can seek to hold multiple parties accountable for payment of monetary damages. A federal trial court recently handed down a ruling denying a release to a railway after the plaintiffs settled with other property owners. Litigation followed after a car collided with a cow on New…

A New Mexico federal district court recently dismissed a personal injury lawsuit against a foreign car maker for lack of personal jurisdiction. The underlying case arose after an accident allegedly causing catastrophic physical injuries. A woman was driving a car in New Mexico when she was struck by another vehicle causing the vehicle she was…

A federal district court recently granted a motion for judgment on the pleadings filed by the defendant in a New Mexico wrongful death case. The court concluded that New Mexico law does not impose a duty to refrain from selling gasoline to an allegedly intoxicated driver, and it dismissed a negligent entrustment claim. The court…

Though parties to personal injury litigation in American federal courts have broad discovery rights, certain materials are protected in the discovery process including those that are subject to the attorney-client and work product privileges. In a recent case, the United States District Court for the District of New Mexico granted in part a motion for…

The U.S. District Court for the District of New Mexico handed down a decision on January 3, 2019 in favor of a plaintiff who was seeking a recovery from her insurance company following a New Mexico car accident resulting in the plaintiff allegedly suffering personal injuries. The insurance company had argued that the plaintiff needed…