Articles Posted in Personal Injury Verdicts

In a recent federal appellate opinion, the court dismissed a plaintiff’s case against the U.S. government based on the plaintiff’s failure to timely file her case after her initial claim with the United States Post Office (USPS) was denied. The case presents an important issue for New Mexico car accident victims because it involves the application of the Federal Tort Claims Act filing requirements, which may be implicated in any case against the U.S. government.Legal News Gavel

The Facts of the Case

The plaintiff was driving her car when she was struck by a USPS vehicle. The plaintiff claimed that the driver of the USPS vehicle was responsible for the accident. Two weeks after the accident, the plaintiff filed a claim with the USPS, seeking compensation for her injuries.

The USPS processed the plaintiff’s claim, ultimately denying the claim seven months after the plaintiff sent it in. Eight months later, the plaintiff filed a personal injury case in federal court against the USPS, as well as the USPS driver.

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In many New Mexico car accident lawsuits, the case is actually defended by the insurance company that provided coverage to the at-fault driver. Indeed, one of the major benefits of obtaining sufficient insurance coverage is that, by virtue of the policy agreement, the company agrees to defend any claims against the insured.Legal News Gavel

When it comes to interpreting their own policies, however, insurance companies have a vested interest. Thus, motorists are routinely frustrated by an insurance company’s denial of their claims. In a recent case, the plaintiffs’ case against an insurance company that provided underinsured/uninsured motorist (UIM) coverage to a car dealership was dismissed after the plaintiffs were rear-ended by another motorist while test-driving a vehicle.

The Facts of the Case

The plaintiffs were on a test-drive when another motorist rear-ended them. The plaintiffs sustained serious injuries as a result of the accident and filed a personal injury lawsuit against the at-fault driver. However, that driver did not have sufficient insurance coverage to fully compensate the plaintiffs for the injuries they sustained.

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An insurance policy is essentially just a contract between the insured and the insurance company. The insurance company agrees to provide certain coverage, detailed in the policy, and the insured agrees to pay a stated premium. In some New Mexico car accidents, an insurance company’s obligation to provide coverage is clear. However, in many cases insurance companies dispute coverage.

Legal News GavelA recent opinion issued by a state appellate court illustrates the difficulties a plaintiff may encounter when attempting to file a claim with an insurance policy. In that case, the plaintiff was the estate of a man who was killed while mowing his lawn by a motorist that was driving while under the influence. The at-fault driver did not have car insurance.

The employer of the man who was killed in the accident, however, maintained an insurance policy with uninsured motorist (UIM) protection. Thus, in hopes of obtaining compensation for the loss of the decedent’s life, the estate filed a claim with his employer’s insurance policy.

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Spa services are often considered a luxury that are designed to leave the recipient feeling relaxed and satisfied with their experience. Spa services vary greatly in terms of location, methodology, and intended effect. This can present a problem to clients who may not necessarily understand the experience or background of the particular esthetician. Moreover, the rules and regulations regarding training and education may vary greatly as well. This disparity can result in devastating effects when chemicals and certain processes are used on a person’s body.

Legal News GavelTo prevent negative reactions, clients are generally required to fill out some sort of prescreen form indicating any health concerns that should be noted or considered during the service. This paperwork is crucial to preventing unintended consequences or damaging results. If this questionnaire is not read or taken into consideration by the person performing the service, and an injury ensues because of that negligence, the injured party may commence a New Mexico personal injury lawsuit for the damages they sustained.

Court Finds Day Spa and Esthetician Responsible After Client Sustains Serious Skin Reaction

Recently, a court affirmed a lower court’s ruling that a day spa and esthetician were negligent in performing a spa service on the plaintiff. Evidently, the plaintiff and her husband visited the spa in 2013, and prior to their service, they were asked to fill out a medical questionnaire. The plaintiff noted that she had rosacea, which is a chronic skin condition. The esthetician performed the service on the plaintiff. During the service, the plaintiff felt as if her face was burned, and subsequently she experienced bruises and oozing blisters.

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Earlier this month, New Mexico’s Supreme Court issued an opinion regarding a complex dispute between a driver and an insurance company. The case was the subject of two jury trials and two appeals. Two specific evidentiary issues were appealed to the Supreme Court.

Legal News GavelFacts of the Case

The case stems from a dispute between two drivers and their insurance company. Apparently, the driver, who was covered under his parent’s insurance, was involved in an accident at around 1:30 a.m. on November 4, 2002. The insurance company claimed that the policy expired at 11:59 p.m. on November 3, 2002 – approximately 90 minutes prior to the accident.

The insurance company filed for a declaratory judgment, asserting that the parties were not insured at the time of the accident. The driver and his parents filed a counterclaim, arguing that they should be covered because the insurance company was acting in bad faith. During this time, the driver was sued by an injured third party. The insurance company paid a settlement but reserved its right to be reimbursed by the driver.

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Earlier this month, a state appellate court issued a written opinion that discusses an important concept in New Mexico car accident cases. The case presented the court with the task of determining whether a waving gesture made by the defendant to encourage the plaintiff to complete a left-hand turn through traffic was the cause of an accident that occurred when the plaintiff was struck by another vehicle. Ultimately, the court concluded that it is a driver’s own responsibility to safely complete a left turn through traffic and that the defendant’s gesture was not the proximate cause of the plaintiff’s injuries.

Legal News GavelThe Facts of the Case

The plaintiff was an on-duty police officer who was heading back to the barracks. As the plaintiff approached the barracks heading westbound, he needed to make a left hand turn across two eastbound lanes of traffic in order to enter the barracks. At the time, there was a line of cars in the closest eastbound lane of traffic waiting at a red light. The defendant was one of the cars waiting at the traffic light.

The plaintiff inched his car forward and angled his car as though he wanted to make a left turn. He made eye contact with the defendant, who checked his own mirrors before waving the plaintiff on. The plaintiff slowly proceeded in front of the defendant’s vehicle, but as he entered the far eastbound lane of traffic, another motorist collided with his police cruiser.

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Earlier this month, an appellate court in Connecticut issued a written opinion in a car accident case involving the question of whether the trial court improperly excluded certain defense evidence from consideration at trial. The case is illustrative for New Mexico personal injury plaintiffs because the very same considerations are present in New Mexico personal injury cases when a judge determines whether to admit evidence, and if so, how much weight it is given.

Legal News GavelAdmissibility Versus Weight

As a preliminary matter, only certain evidence is relevant in a personal injury trial, and only relevant evidence will be admitted for the jury’s consideration. However, once a judge determines that evidence may be admitted, it is then up to the fact-finder (either a judge or a jury) to assess the evidence and determine how much weight to give it.

The Facts of the Case

The plaintiff was injured in a car accident involving an employee of the Department of Transportation. The plaintiff filed a personal injury lawsuit against the Department, claiming that it should be responsible for its employee’s negligent conduct.

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Although a surprise witness is a common theme on TV and in movies, a surprise witness at a trial is rare. Generally, parties are required to disclose their witnesses before trial, and often courts do not allow surprise witnesses to testify. The idea is that prior to trial, all of the parties know generally what to expect so that they will not be prejudiced by a surprise.

Legal News GavelThe Identification of Witnesses Through Pre-Trial Discovery

The process of discovery is a pre-trial procedure in which the parties can obtain information from each other through different discovery tools. The goal of discovery is to uncover the evidence that will or could be used at trial. For that reason, during discovery, one party can require another party to identify the witnesses who have knowledge about the incident at issue, as well as the witnesses they plan to call at trial.

In New Mexico, a trial court has broad discretion to allow or bar witnesses whose identities were not revealed in pre-trial discovery. That is, if a party discloses the identity of a witness late, the trial court can decide whether to allow the late-disclosed witness to testify. This decision generally depends on the circumstances, and the court may choose to impose a less harsh sanction in some cases.

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Recently, a state supreme court released an opinion in a lawsuit brought by two officers who were injured while they were in the process of helping an individual who had fallen asleep behind the wheel of a car. According to the court’s opinion, the two officers received a call about a traffic accident and were dispatched to the scene. The officers were speeding to the scene of the accident when the officer operating the police vehicle did not see a disabled pickup truck in the middle of the southbound lane. The police officers crashed into the disabled vehicle, resulting in serious injuries.

Legal News GavelIt was later discovered that the individual in the disabled vehicle had a blood alcohol content of .103. Both officers applied for and received worker’s compensation benefits for the injuries they sustained as a result of the accident. The officers subsequently filed a negligence lawsuit against the pickup truck driver, claiming that the driver’s negligence caused them to suffer injuries and damages. The pickup truck driver claimed that the officers were partially at fault in causing the accident. He also argued that the firefighter’s rule barred all of the claims.

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A Florida appellate court recently released an opinion in a case involving the potential wrongful death of a nursing home resident. The deceased individual was admitted to the nursing home in April 2013. On the day after her admittance, the woman’s daughter signed and accepted the position of “health care proxy” on behalf of her mother. Although this proxy was signed, the plaintiff’s mother never executed a durable power of attorney in her daughter’s favor.

Legal News GavelWithin the first week of the resident’s admittance, her daughter signed a voluntary arbitration agreement. This agreement outlined what a legal representative was, and the daughter signed in the space designated for a legal representative’s signature. Importantly, the agreement stated that the nursing home could not require a person to sign the agreement unless the person had legal access or physical control of the resident’s income and resources.

Unfortunately, at some point after her admission, the resident sustained injuries that resulted in her death. The plaintiff, the resident’s estate, then filed a lawsuit against the nursing home. The nursing home responded by filing a motion to dismiss, attempting to compel arbitration. The trial court found the arbitration agreement was valid and granted the defendant’s motions.

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