Tag Archives: Wrongful Death

NM Supreme Court: Fraudulent concealment doctrine applies to wrongful death claims

The New Mexico Supreme Court has held that the doctrine of fraudulent concealment can toll the statute of limitations for wrongful death claims. The opinion is Estate of Brice v. Toyota Motor Corporation, written by Justice Maes (Justice Nakamura did … Continue reading

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Tenth Circuit upholds rafting company’s liability waiver in wrongful death case

Sue Ann Apolinar signed up for a rafting trip on the Arkansas River in Colorado. Tragically, while her raft was passing through a rapid called Seidel’s Suck Hole, it capsized. Other passengers were pulled out, but Ms. Apolinar became stuck … Continue reading

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Santa Fe trial court upholds $165.5M verdict against FedEx

In a case that is surely headed to the New Mexico Court of Appeals, District Judge Francis Mathew yesterday denied FedEx’s post-judgment motions seeking to overturn the astounding $165.5 million verdict that a Santa Fe jury returned in a wrongful … Continue reading

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Jury can decide whether DOT had constructive notice of tire debris on highway, although no one knows how long it was there

Peggy Lujan-Silva was driving on Interstate 25 near Santa Fe, when her car struck tire debris on the highway. Her car rolled over several times, and she was killed. No one knows how long the debris was on the highway. … Continue reading

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