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Date: 10-18-2024
Case Style:
Charles Hartung v. Ronnie Gommert and McLane Compay, Inc.
Case Number: 1:23-cv-00569
Judge: Steven C. Yarbrough
Court: United States District Court for the District of New Mexico (Bernalillo County)
Plaintiff's Attorney:
Defendant's Attorney: S. Carolyn Ramos and Sean E. Garrett
Description:
Albuquerque, New Mexico auto negligence car wreck lawyer represented the Plaintiff.
New Mexico's auto negligence laws are based on fault and comparative negligence, which means that multiple parties can be liable for an accident and compensation can be reduced based on fault:
Fault-based
The person or entity responsible for the accident is liable for damages.
Comparative negligence
Fault is assigned to all parties based on their degree of contribution. If a plaintiff is partially at fault, their compensation is reduced by their percentage of fault. However, a plaintiff can still recover damages even if they are partially at fault.
Damages
Damages can include medical expenses, property damage, lost wages, and pain and suffering.
Establishing fault
Factors that can be considered when establishing fault include traffic laws, eyewitness testimony, police reports, traffic or dashcam footage, and expert analysis.
Statute of limitations
The general statute of limitations for personal injury claims in New Mexico is three years after the injury. The statute of limitations for property damage claims is four years.
New Mexico is not a no-fault state, unlike states where each driver's insurance covers their own injuries regardless of fault
Outcome: Settled for an undisclosed sum and dismissed with prejudice.
Plaintiff's Experts:
Defendant's Experts:
Comments: