New Mexico Imputed Fault Law

Michelle Hawkinson v. Chevron USA, Inc.

Las Cruces, New Mexico personal injury lawyers represented the Plaintiff who sued on an negligence theory. * * * New Mexico operates under a "fault-based" or "tort" system for personal injury cases, meaning the person or entity responsible for causing the accident is liable for damages. New Mexico also employs a pure comparative negligence rule, meaning a plaintiff's damages can ... More...

$0 (06-30-2025 - NM)

Dario Hernan Menanteau v. Maria Vanessa Menanteau

Las Cruces, New Mexico family law lawyers represented husband and wife in divorce action seeking dissolution of their marriage. Husband and Wife were married in 1998, separated in 2019, and Husband petitioned for divorce in January 2020. The parties have three children, and as of March 2020 only one remained a minor. In April 2020, Husband filed a motion for an allocation of interim... More...

$0 (11-21-2024 - NM)

Charles Hartung v. Ronnie Gommert and McLane Compay, Inc.

<h2> Albuquerque, New Mexico auto negligence car wreck lawyer represented the Plaintiff. </h2> New Mexico's auto negligence laws are based on fault and comparative negligence, which means that multiple parties can be liable for an accident and compensation can be reduced based on fault: Fault-based The person or entity responsible for the accident is liab... More...

$1 (10-18-2024 - NM)

Jesus Martinez Gomez v. Donald Blakeley and Market Express, LLC </center

<h2> Albuquerque, New Mexico personal injury truck wreck lawyer represented the Plaintiff who sued on an auto negligence theory. <h2> This case was filed in the Thirteenth Judicial District of New Mexico, case number 22cv90, and was removed to federal court by Market Express. If you were injured in an accident but were also at fault to some degree, your possible recovery ... More...

$1 (07-31-2024 - NM)

D. Maria Schmidt, et al. v. Transport Indiana, LLC, et al.

Albuquerque, New Mexico personal injury lawyer <a href="http://www.morelaw.com/lawyers/atty.asp?f=David&l=Chavez&i=146772&z=87031" target="_new">David C. Chavez</a> represented the Plaintiffs who sued on auto negligence wrongful death theories. This case was initially filed in the First Judicial District Court, D-101-CV-24-00237, and was removed to federal court by the Defendants. <br... More...

$0 (05-17-2024 - NM)

Victor Herrera v. The Board of Regents of the University of New Mexico, et al.

Albuquerque, New Mexico personal injury lawyer represented the Plaintiff who sued on a medical malpractice negligence theory. This case was filed in the Second Judicial District Court, D-202-CV-22-03419, and was removed to federal court by the Defendants. The current diversity jurisdiction provision is codified at 28 U.S.C. Â§ 1332, and grants federal court jurisdiction in all ... More...

$0 (10-11-2023 - NM)

Salvador Nava, et al. v. Haryana Star, Inc., et al.

Albuquerque, New Mexico personal injury lawyers represented the Plaintiffs who sued on auto negligence theories. This case was filed in the Eleventh Judicial District Court, D-1113-CV-22-00418, and was removed to federal court by Haryana Star, Inc. et al. New Mexico follows the pure comparative negligence doctrine. This means that a victim may pursue compensation even if they w... More...

$1 (04-21-2024 - NM)

Dustin Robert Farnsworth v. Sun Energy Services, LLC, d/b/a Deep Well Services, LLC

Las Cruces, New Mexico personal injury lawyers represented the Plaintiff who used on an auto negligence theory. This case was filed in the Fifth Judicial District Court, D-503-CV-23-00537, and was removed to federal court by the Defendant. New Mexico is a pure comparative negligence state. That means that fault can be shared among drivers, with each driver being assigned a percen... More...

$0 (04-17-2024 - NM)

Armando Escamilla, et al. v. Javier Vera and C & G Transport, Inc.

Las Cruces, New Mexico personal injury lawyers represented the Plaintiff who sued on auto negligence theories. The case was filed in the Third Judicial District Court, 22cv0638, and was removed to federal court by the Javier Vera and C & G Transport, Inc. New Mexico is a pure comparative negligence state, meaning, the plaintiff may recover damages so long as they are not 100% at... More...

$1 (04-12-2024 - NM)

Janaya Hatten and Robert Hatten v. Yussuf Agane, et al.

Albuquerque, New Mexico personal injury lawyer represented the Plaintiff who sued on auto negligence theories. This case was filed in the Second Judicial District Court, D-202-CV-22-01715, and was removed to federal court by the Defendants. New Mexico is a pure comparative negligence state. That means that fault can be shared among drivers, with each driver being assigned a perce... More...

$0 (03-13-2024 - NM)

William Reed v. Expeditus Transport, LLC

Albuquerque, New Mexico personal injury lawyer represented the Plaintiff who sued on an auto negligence theory. This case was filed in the Tenth Judicial District Court, Harding County, D-1010-CV-23-00031, and was removed to federal court by the Defendants. Negligence claims are the legal system's method for determining fault in injury-causing accidents and how much, if anything,... More...

$1 (02-20-2024 - NM)

Thomas Banner v. West Central Transport, LLC, et al.

Albuquerque, New Mexico personal injury truck wreck lawyer represented the Plaintiff who sued the Defendant on an auto negligence theory. This case was filed in the First Judicial District Court, D-101-cv-22-01660 and was removed to federal court by the Defendants. Unlike many other states, New Mexico is a pure comparative negligence state. Under this legal theory, the amo... More...

$0 (01-23-2024 - NM)

Joshua Tapia v. United States of America

Albuquerque, New Mexico personal injury car wreck lawyer represented the Plaintiff who sued the Defendant on a Federal Tort Claims Act auto negligence theory claiming to have suffered damages and/or injuries as a direct result of a federal government employee's failure to exercise due care in the operation of a motor vehicle. New Mexico Auto Negligence Law: "Pure Comparative Negl... More...

$1 (10-25-2023 - NM)

Brianna Neal and Tyanna Stiles v. Stone Truck Line, Inc. and Arleen Sandoval

Albuquerque, New Mexico personal injury truck wreck lawyer represented the Plaintiff who sued the Defendant on an auto negligence theory claiming to have suffered more than $12 million in damages and/or injuries. New Mexico Auto Negligence Law: "Pure Comparative Negligence: Unlike many other states, New Mexico follows a pure comparative negligence law. This means tha... More...

$1 (12-15-2023 - NM)

Derrick Yazzie v. Seth Fezatte and Werner Enterprises, Inc.

Albuquerque, New Mexico personal injury Truck wreck lawyer represented the Plaintiff who sued the Defendant on auto negligence theory claiming to have suffered more than $75,000 in damages and/or injuries. New Mexico Auto Negligence Law: "Pure Comparative Negligence: Unlike many other states, New Mexico follows a pure comparative negligence law. This means that even... More...

$1 (12-13-2023 - NM)

State of New Mexico v. Felix Urban

Albuquerque, New Mexico criminal defense lawyer represented defendant charged with sexual contact of a minor. {¶2} Defendant was tried on three counts of criminal sexual penetration of a minor (NMSA 1978, Â§ 30-9-11(D)(1) (2009)) and three counts of CSCM for acts Defendant was alleged to have committed against B.G., the granddaughter of his girlfriend. The jury convicted Defendant... More...

$0 (06-27-2022 - NM)

STATE OF NEW MEXICO v. CHRISTOPHER SAIS

<h2>Alamogordo, NM - Criminal defense lawyer represented defendant CHRISTOPHER SAIS charged with two counts of criminal sexual penetration in the second degree (CSP II) and one count of contemp.</h2> Defendant appeals the district court’s judgment and sentence, convicting him 21 for two counts of criminal sexual penetration in the second degree (CSP I... More...

$0 (10-14-2020 - NM)

WANDA COLLINS, as Personal Representative of the ESTATE OF WILLIAM “MACK” VAUGHAN v. ST. VINCENT HOSPITAL, INC <table> <td>

William “Mack” Vaughan presented at the emergency department of Defendant 11 St. Vincent Hospital, Inc. (the Hospital) in Santa Fe, New Mexico in August 2002 12 with complaints of abdominal pain. He was seen in the emergency department by Dr. 13 Martin Wilt, who was a subcontractor/partner of Northern New Mexico Emergency 14 Medical Services, and who ordered a CT scan. The scan... More...

$0 (01-09-2018 - NM)

STATE OF NEW MEXICO v. JOSHUA MAESTAS <table> <td>

Following the altercation with Defendant, Barela received treatment for a 10 concussion at Presbyterian Medical Center and her doctor reported a domestic 11 incident to the police. While at the hospital, Deputy Metzgar of the Bernalillo County 12 Sheriff’s Department recorded his interview with Barela, who alleged that on 13 December 2, 2009, Defendant had physically abused her... More...

$0 (01-09-2018 - NM)

STATE OF NEW MEXICO ex rel. CHILDREN, YOUTH AND FAMILIES DEPARTMENT v. MICHAEL H., and IN THE MATTER OF JAYDA’MAE S.

Child was born in March 2015. The New Mexico Children, Youth and Families 13 Department (CYFD) took Child into custody on April 11, 2016. CYFD then filed an 14 abuse/neglect petition on April 13, 2016 naming Mother and Father as respondents, 15 and Carlos G. (Husband) as an interested party. Based on information provided by 16 Mother, CYFD alleged that Father is the biological fat... More...

$0 (11-08-2017 - NM)

STATE OF NEW MEXICO v. JOHN ERIC OCHOA

3 {1} The right to a speedy trial is guaranteed by the Sixth Amendment to the United 4 States Constitution and Article II, Section 14 of the New Mexico Constitution. 5 Defendant was arrested on May 12, 2008, and charged with a number of offenses 6 relating to criminal sexual contact of a minor. Prior to a mistrial on March 8, 2010, 7 trial was delayed for a number of reasons includ... More...

$0 (11-03-2017 - NM)

STATE OF NEW MEXICO v.n BILL TURNER <table> <td>

Defendant was indicted on 211 counts, including 52 counts of securities fraud, 18 52 counts of prohibited conduct in providing investment advice, 52 counts of fraud,1 52 counts of forgery, two counts of theft of identity, and one count of conspiracy to 2 commit securities fraud. Following Defendant’s plea of not guilty, the State filed a 3 motion to set conditions of release. Af... More...

$0 (04-10-2017 - NM)

STATE OF MONTANA v. BRAD EDWARD DAFFIN <table> <td>

On January 9, 2014, R.S. disclosed to her school counselor that she had been sexually assaulted by Daffin, at the end of the previous summer, while she was 12-13 years old. Later that day, at Emma’s House, a Children’s Advocacy Center in Hamilton, R.S. participated in a forensic interview with Valerie Widmer (Widmer), a licensed clinical social workerwith specialized train... More...

$0 (04-05-2017 - NM)

STATE OF NEW MEXICO v. BILL TURNER <table> <td>

Defendant was indicted on 211 counts, including 52 counts of securities fraud, 18 52 counts of prohibited conduct in providing investment advice, 52 counts of fraud,1 1 52 counts of forgery, two counts of theft of identity, and one count of conspiracy to 2 commit securities fraud. Following Defendant’s plea of not guilty, the State filed a 3 motion to set conditions of release. ... More...

$0 (04-05-2017 - NM)

STATE OF NEW MEXICO v. JADRIAN LUCERO</ center>

A few days after giving birth to Baby, Mother, who was fifteen years old at the 8 time, took the newborn home from the hospital to live with Baby’s Grandmother. 9 Defendant also moved into Grandmother’s house to help Mother. In the weeks that 10 followed, the young parents lived together and shared the responsibility of caring for 11 Baby. Defendant would help feed and bathe B... More...

$0 (12-27-2016 - NM)

<h3>Noice v. BNSF Ry. Co.</h3>

In January of 2009, Noice was conducting a BNSF train traveling from Clovis 4 to Belen. The train was pulled by four locomotives. At some point around 6:00 p.m., 5 Noice ceded operation of the train to his assistant, John Royal. Noice exited the lead 6 locomotive and proceeded rearwards. Before leaving the lead locomotive, however, 7 Noice instructed Royal to “start pulling... More...

$0 (08-24-2016 - NM)

STATE OF NEW MEXICO v. ROBERT EARLEY

Robert Glenn Earley, convicted by a jury of first-degree murder, tampering with3 evidence, and kidnapping, raises eight issues on direct appeal to this Court: (1) the4 trial court erred by denying Defendant’s motion to suppress three statements he made5 to law enforcement officers, (2) the trial court erred by denying Defendant’s motion6 for a continuance, (3) the trial court e... More...

$0 (05-23-2016 - NM)

HEATHER SPURLOCK; SOPHIA CARRASCO; NINA CARRERA v. ANTHONY TOWNES, BARBARA WAGNER, CORRECTIONS CORPORATION OF AMERICA

Plaintiffs Heather Spurlock, Sophia Carrasco, and Nina Carrera are former 13 inmates of the Camino Nuevo Correctional Center, a prison housing female offenders, 14 directed by Third-Party Defendant Warden Barbara Wagner and privately operated 15 by Third-Party Defendant Corrections Corporation of America (CCA). While 16 incarcerated, Plaintiffs were sexually assaulted by Defendant... More...

$0 (03-14-2016 - NM)

Safeway, Inc. v. Rooter 2000 Plumbing and Drain SSS

This appeal arises out of a cross-claim for contractual and traditional 4 indemnification. The complaint alleged that Plaintiffs, Briana Fierro and Jason Fierro, 5 suffered injuries when a baby changing table collapsed in a Safeway store, and that 6 the collapse was the result of negligence on the part of Safeway, Inc. (Safeway) and 7 Rooter 2000 Plumbing and Drain SSS (Rooter). T... More...

$0 (02-18-2016 - NM)

STATE OF NEW MEXICO v. DORALL SMITH

Defendant Dorall Smith appeals his convictions for first-degree murder, 4 contrary to NMSA 1978, Section 30-2-1(A)(1) (1994), and criminal damage to 5 property, contrary to NMSA 1978, Section 30-15-1 (1963). Defendant challenges his 6 convictions on ten grounds, arguing that: (1) there was insufficient evidence of 7 deliberate intent to support a conviction for first-degree murder... More...

$0 (02-15-2016 - NM)

United States v. Lente

Following a drunk-driving crash on the Isleta Pueblo in New Mexico, in which three people were killed and another severely injured, Lente pled guilty to three counts of involuntary manslaughter and one count of assault resulting in serious bodily injury. According to the pre-sentence investigation report (“PSR”), her advisory Guidelines range was 46 to 57 months' imprisonment. However, the dis... More...

$0 (01-02-2016 - NM)

United States v. Gonzalez

THIS MATTER comes before the Court on the Motion to Suppress, filed August 7, 2014 (Doc. 675)("Motion"). The Court held evidentiary hearings on the Motion on January 22, 2015, January 28, 2015, and January 30, 2015. The primary issues are: (i) whether the United States Drug Enforcement Agency's investigation of the Homero Varela Drug-Trafficking Organization ("Varela DTO") gave Luis Almonte and Ma... More...

$0 (12-02-2015 - NM)

State Of New Mexico v. Serros

The Sixth Amendment to the United States Constitution begins, “In all criminal 11 prosecutions, the accused shall enjoy the right to a speedy . . . trial.” See N.M. Const. 12 art. II, § 14. In State v. Garza, we emphasized that “[t]he heart of the right to a speedy 13 trial is preventing prejudice to the accused.” 2009-NMSC-038, ¶ 12, 146 N.M. 499, 14 212 P.3d 387. But we... More...

$0 (11-12-2015 - NM)

Tori V. Arnell v. Dora Consolidated School District

Amber Shaw coached Plaintiff Tori Varnell in several sports while she was a student in the Dora Consolidated School District (Dora Schools). According to Plaintiff, Shaw sexually abused her for more than a year, ending while she was in the ninth grade, sometime in late 2006 or early 2007. On May 24, 2012, when Plaintiff was 20, she sued Ms. Shaw, Dora Schools, and Dora Schools Superintendent Steve... More...

$0 (07-01-2014 - NM)

Michael L. Lobato v. State of New Mexico

Michael Lobato was a probationary employee at the New Mexico Environmental Department's Farmington office. His status as a probationary employee meant he could be fired at will and without a right to appeal the decision, so long as the department's reasons were provided in writing. Before completing his probationary period, Lobato was fired. In a letter explaining its decision, NMED cited Lobato's... More...

$0 (11-05-2013 - NM)

Michael Wilson, Sr. v. Lawrence Montano

Appellants seek reversal of the district court's order denying their motion to dismiss claims asserted against them by Michael Wilson, Sr. under 42 U.S.C. Â§ 1983. Wilson alleges he was unlawfully detained and deprived of his constitutional right to a prompt probable cause determination. Appellants claim they are entitled to qualified immunity. The district court concluded Wilson's complaint all... More...

$0 (05-03-2013 - NM)

Albuquerque Tortilla Company v. Jaynes Corp.

Albuquerque Tortilla Company sued Jaynes Corp. on a negligence, breach of contract and breach of fiduciary duty theories claiming that the construction of an addition to its bakery in 2006 caused mold to be found leading to a succession of problems for the family-owned food business. ATC claimed that the mold problem was hidden from it by Jaynes' employees. ATC's owner claimed that they ... More...

$5000000 (04-19-2013 - NM)

Herman Spencer v. Paul Barber

{1} Paul Barber and his law firm, Barber & Borg, L.L.C. (Barber), were the attorneys for Ellen Sam. Barber filed a lawsuit against numerous defendants for injuries Sam sustained when her car was struck from behind on Interstate 40 (I-40). Barber also represented Sam in her capacity as the personal representative of the estates of her daughter and granddaughter, both of whom died from inju... More...

$0 (03-11-2013 - NM)

Roy D. Mercer, LLC v. Honorable Matthew G. Reynolds

{1} In the practice of law, there is no higher duty than one's loyalty to a client. This duty applies to current and former clients alike. In this case, we are called upon to interpret this duty in light of Rule 16-110(C) NMRA of the Rules of Professional Conduct regarding the imputation of conflicts of interest to law firms. In interpreting and applying the rule to this case, we hold that when an... More...

$0 (12-06-2012 - NM)

Estate of Daniel Ralph Gutierrez v. Meteor Monument, L.L.C.

{1} On August 31, 2003, while driving at approximately 7:00 p.m., Defendant Dean Durand crashed his Ford Bronco into a motorcycle driven by Daniel Gutierrez, ultimately resulting in Gutierrez's death. Durand admitted that earlier in the afternoon and up until 6:00 p.m., while at the business establishment operated by Defendant Meteor Monument, L.L.C., he had consumed seven twelve-ounce cans of bee... More...

$0 (02-22-2012 - NM)