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)

Workers each suffered work-related injuries working as farm and ranch
14 laborers. Worker Aguirre was injured picking chile for M.A. & Sons Chili Products.
15 Worker Rodriguez was injured working for Brand West Dairy as a dairy worker and
16 a herdsman. Workers each sought workers’ compensation benefits. Both claims were
17 dismissed pursuant to the exclusion. Workers filed separa... More...    $0 (09-17-2015 - NM)

{1} McDonald’s (Employer) appeals from a compensation order entered pursuant to the Workers’ Compensation Act (the WCA), NMSA 1978, §§ 52-1-1 to -70 (1929, as amended through 2013). Employer contends the Workers’ Compensation Judge (WCJ) erred in concluding that Michelle Hawkins (Worker) was entitled to temporary total disability (TTD) and permanent partial disability (PPD) benefits after ... More...    $0 (12-17-2013 - NM)

{1} This appeal presents issues relating to the garnishment of funds held in a joint bank account. The district court awarded summary judgment in favor of the bank. For the reasons that follow, we affirm in part, reverse in part, and remand for further proceedings.

I. STANDARD OF REVIEW

{2} Our standard of review is well settled. “Summary judgment is appropriate where there are... More...    $0 (04-22-2011 - NM)

{1} Walter Grassie died less than two hours after he was admitted to the emergency room at Eastern New Mexico Medical Center (Hospital) in Roswell, New Mexico. Mr. Grassie’s personal representative sued the Hospital asserting that (1) the emergency room medical staff was medically negligent; (2) the Hospital was negligent in allowing the treating physician to practice in its facility; and (3) th... More...    $0 (11-20-2010 - NM)

In the trial court the plaintiff sought and recovered a judgment against the defendants in the sum of $1,863.36.

The cause of action arose out of certain negotiations and a contract whereby the defendants agreed to sell to the plaintiff thirty-two lots in an addition to the City of Albuquerque for the sum of $1,850.00 per lot. The Purchase Agreement, or Binder, dated December 28, 1... More...    $0 (05-26-1967 - NM)

Abbasid, Inc. (Abbasid) appeals the district court’s entry of summary judgment in favor of Travelers Indemnity Co. (Travelers) in this diversity action. Abbasid made a claim on its insurance policy with Travelers due to water and sewage damage to its inventory of Oriental rugs on September 7, 2005.1

Travelers denied coverage based on a policy exclusion for damage caused by a water or s... More...    $0 (12-07-2010 - NM)

Plaintiff - Appellant United Rentals Northwest, Inc. (United Rentals) appeals the district court’s decision to grant Defendant - Appellee Yearout Mechanical, Inc.,’s (Yearout) motion to dismiss. The district court ruled that United Rentals could not seek indemnification from Yearout because the indemnification provision contained in the parties’ equipment rental agreement was unenforceable u... More...    $0 (06-24-2010 - NM)

{1} Wrongfully denied her disability benefits, a former employee obtained a judgment against her employer’s long-term disability plan based on rights accorded under the federal Employee Retirement Income Security Act of 1974 (ERISA), 29 U.S.C. §§ 1001 to 1461 (2000). The employee seeks to enforce that judgment by way of a writ of garnishment against the insurer whose insurance policy funded th... More...    $0 (03-04-2010 - NM)

{1} In this class action case, we are asked to determine the applicability of an exemption
to the Unfair Practices Act (UPA), NMSA 1978, Sections 57-12-1 to -22 (1967, as amended
through 1999), that bars UPA suits based on “actions or transactions expressly permitted
under laws administered by a regulatory body of New Mexico.� Section 57-12-7 (emphasis
added).

{2} Plai... More...    $0 (03-04-2010 - NM)

{1} Defendant Allstate Insurance Company (Allstate) appeals, challenging the jury award of compensatory damages and punitive damages to Plaintiffs Suzanne Guest and the Guest Law Firm, P.C. (Guest). Guest cross-appeals, challenging the trial court action in reducing the punitive damages award and refusing to award attorney fees. We affirm in part, reverse in part, and remand for a new trial o... More...    $0 (02-17-2009 - NM)

{1} Plaintiff, Budget Rent-A-Car Systems, Inc. (Budget), appeals the district court’s order dismissing its complaint against Defendant Bridgestone Firestone North American Tire, LLC (Bridgestone). Bridgestone filed motions to dismiss Budget’s complaint, arguing that Budget’s claim was a subrogation claim, which was barred because it was not filed within the applicable statute of limitat... More...    $0 (12-30-2008 - NM)

{1} Subcontractor J.R. Hale Contracting Co., Inc. (Hale) sued to enforce a lien claim for labor and materials against owner Union Pacific Railroad (Union Pacific), claiming breach of contract against general contractor K.B. Alexander Co. of Texas, Inc. (Alexander), and also claiming a right to recover in quantum meruit against Union Pacific and Alexander (Defendants). The dispute centered on ... More...    $0 (09-12-2007 - NM)

{1} Charles Cline and Judith Davis have lived together since 1997. Although they are not married, they have held themselves out to the public as husband and wife. After Davis was involved in an automobile accident, she made a claim for underinsured motorist benefits as a Class I insured under insurance contracts issued only to Cline as the named insured. See Morro v. Farmers Ins. Group, 10... More...    $0 (06-20-2006 - NM)