News

Results8 July 2015

Summary Judgment on Behalf of an Electric Utility

Todd Schwarz won summary judgment in New Mexico State Court on behalf of an electric utility.  The Court ruled that an electric utility does not have a duty to enter a building that is under construction to ensure that it is “clear” before energizing it.  The utility has the right to rely on the electrical contractor in charge.

 


Results19 June 2015

Favorable Appellate Decision from the NM Court of Appeals

Cody R. Rogers (Las Cruces) recently received a favorable appellate decision from the New Mexico Court of Appeals, which affirmed a directed verdict entered in favor of the firm’s physician client in a medical negligence matter.  The case, which involved alleged negligent misdiagnosis of gallbladder disease, an alleged unnecessary surgery, and an alleged surgical injury to the patient, was tried in early 2013 by Matthew S. Rappaport (Albuquerque) and Lawrence R. White (formerly Las Cruces).  Following the presentation of evidence by the Plaintiff at trial, the district court granted a directed verdict in favor of Defendant, ruling that Plaintiff had failed to present sufficient expert testimony as to breach of the standard of care and causation.  Plaintiff appealed, and the Court of Appeals originally proposed summary reversal of the district court’s decision.  Ms. Rogers submitted briefing requesting that the Court of Appeals instead place the matter on the general calendar so that it could consider the full record, and this request was granted.  Ms. Rogers wrote the appellate brief on behalf of Defendant, with assistance from Luke A. Salganek (Santa Fe).  On June 19, 2015, the Court of Appeals concluded that the district court was correct in determining that Plaintiff had failed to present necessary expert testimony regarding breach of the standard of care and causation, and affirmed the directed verdict in favor of Defendant.

 

              

Results9 June 2015

Summary Judgment in Favor of Defendants

Virginia Anderman obtained summary judgment in a civil rights case where plaintiff claimed that he was wrongfully arrested by defendant without probable cause following a family dispute.  Plaintiff claimed the officer did not properly investigate the facts and that Plaintiff should not have been arrested.  He sued under 42 USC § 1983 and brought tort claims (false arrest, assault and battery and false imprisonment) under state law.  Virginia filed her motion for summary judgment based on qualified immunity grounds arguing that the officer acted reasonably based on the information he had.  The Court agreed with Virginia and granted summary judgment in favor of defendants but declined to rule on the state claims.  There was a mediation held and Plaintiff wanted at least $150,000 to settle.


Results1 June 2015

Summary Judgment in Favor of a Major Casualty Insurer

Jesika Ulibarri won summary judgment in The United States District Court for the District of New Mexico on behalf of a major casualty insurer.  Ms. Ulibarri successfully persuaded the Court that a shooting death in a night club parking lot does not give rise to uninsured motorist coverage.