Law Office of Matthew Vance, P.C., Personal Injury Law Blog

A recent ruling by the U.S. District Court for the District of New Mexico dismissed the plaintiffs’ claims under the U.S. Constitution and the New Mexico Tort Claims Act as untimely. In arriving at its conclusion that the claims were untimely, the court considered and rejected the plaintiffs’ arguments under the continuing violations doctrine. The…

In a recent case, the Chief Magistrate Judge for the U.S. District Court for the District of New Mexico reviewed the terms of a personal injury settlement. The review was on behalf of minors, two children whose father was killed in a car accident, to determine if the settlement should be approved. Allegedly the minors’…

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…

The U.S. District Court for the District of New Mexico, one of the federal courts in the state, recently remanded a New Mexico personal injury lawsuit back to the Second Judicial District Court, Bernalillo County, the state court in which the plaintiff had filed her lawsuit. The plaintiff allegedly had suffered physical injuries after slipping…

A recent opinion by the New Mexico Court of Appeals, Salas v. Clark Equipment Company, reverses the district court’s grant of summary judgment to a lumber company that had been named as one of the defendants in the plaintiffs’ personal injury suit. The plaintiffs/appellants included a widow, children and grandchildren. They sued the lumber company…

In a recent New Mexico civil case the plaintiff sought to recover damages for physical injuries and post-traumatic stress allegedly resulting from an incident during which he was forcibly handcuffed by a police officer. The plaintiff’s complaint was filed in state court and included claims under state law for assault, battery and false imprisonment. Additionally…

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 case, a New Mexico personal injury plaintiff timely identified his treating physicians as potential trial witnesses. He did not timely come forward with any retained experts. According to the court’s ruling, approximately a month after the plaintiff made his disclosures, the defendant, a national retail chain, produced the plaintiff’s medical records. Although…

Courts set deadlines for discovery as part of the process of advancing New Mexico personal injury cases towards trial. Sometimes deadlines are missed. In a recent case brought following a car accident that occurred in San Juan County, the parties were court ordered to disclose experts by March 13, 2020. The court set a discovery…

In a recent ruling, the United States District Court for the District of New Mexico decided to defer to the plaintiffs’ choice of forum. Two plaintiffs, a husband and a wife, sued a trucking company that the wife had worked for as a commercial truck driver. The couple also sued in the same complaint a…