April 2010 Archives

April 22, 2010

Espanola Motorcycle Accident & Punitive Damages

New Mexico accidents are common. New Mexico motorcycle accidents unfortunately are also prevalent. Often with New Mexico motorcycle accident cases, it is important to overcome prejudices and show that the motorcycle driver is not at fault. Sometimes this can be difficult, while other times it is exceedingly easy.

Bizarre facts are surfacing of a recent New Mexico motorcycle accident that occurred near Espanola. The Espanola motorcycle accident occurred moments after a police officer clocked a driver racing over 100 mph. As the officer was preparing to pull over the driver, he ran a red light and struck a motorcyclist.

Other than making liability an easier task to prove, the facts leading up to this New Mexico motorcycle accident provide an example of when outrageous conduct can lead to punitive damages following a car accident.

April 12, 2010

Toyota Prius Cases: From New Mexico to California

Attorneys on both sides of new Toyota litigation arising from the injuries and deaths allegedly caused by defects in the design of the Toyota Prius have petitioned a single California district court to assume jurisdiction over hundreds of lawsuits pending across the nation. The system under which this consolidation would occur for cases such as Toyota Prius Litigation, called "Multidistrict Litigation" or MDL, helps conserve the resources of the judiciary and the parties involved in the lawsuit, by unifying the process by which all sides conduct trial preparation. After this trial preparation, or discovery, is completed, the case returns to the original jurisdiction for trial, if necessary. Thus, a person who was injured in a Prius in New Mexico would file his or her case in the District of New Mexico; it would then be transferred to whatever federal district was assigned the MDL and returned to New Mexico for trial. Because of the large number of plaintiffs who are affected, MDL most often occurs in product liability cases and environmental and toxic torts.