Articles Posted in Personal Injury

Sometimes a person is not liable for the payment of damages resulting from an accident. Even though the person’s conduct was among the causes of the accident, the conduct at issue is considered by a court to not have been the accident’s proximate cause. A recent ruling by a federal district court granted a defendant’s…

New Mexico personal injury lawsuits often proceed in New Mexico’s state courts. A personal injury lawsuit can be removed from state court to federal court if it meets criteria set forth by federal law for removal. It is also possible, in some instances, to remand a case that was filed in state court and removed…

It is possible to alter the outcome of a jury trial in New Mexico personal injury cases by prosecuting post-trial motions and appeals. A recent ruling handed down by an Albuquerque federal court reflects the difficulties inherent in winning post-trial motions for judgment as a matter of law or new trial. In May of 2019,…

Personal injury plaintiffs can seek to recover compensatory and punitive damages when litigating in New Mexico courts. Recently, a truck driver and the company whose truck he was driving at the time of an accident on I-40 moved for summary judgment, seeking dismissal of the punitive damages asserted against them. The federal trial court adjudicating…

The United States District Court for the District of New Mexico recently handed down a decision granting a motion to dismiss filed by a truck rental agency in a New Mexico personal injury lawsuit. The truck rental agency was sued following the alleged collision of a truck rented from it for commercial use with another…

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…

The United States District Court for the District of New Mexico recently granted a motion to dismiss a cause of action that had been asserted by plaintiffs under the doctrine of res ipsa loquitur. Res ipsa loquitur is recognized in common law jurisdictions including New Mexico as a doctrine that can help establish negligence when…

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…

A ruling handed down earlier this year shows that New Mexico personal injury lawsuits can be difficult for an individual to prosecute without having the benefit of experienced counsel. As the ruling explains, a litigant needs to pay court filing fees or achieve leave to proceed without paying fees, the litigant’s complaint needs to state…

Personal injury lawsuits brought in New Mexico typically proceed on the basis that they will be heard by a jury. Recently a New Mexico federal court granted a motion to compel arbitration brought by a defendant and stayed the plaintiffs’ personal injury lawsuit pending the completion of arbitration. Allegedly, the plaintiff had been employed as…