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Date: 10-10-2023

Case Style:

Dennis Murphy, et al. v. Altec Industries, Inc. et al.

Case Number: 1:23-cv-00053

Judge: Laura Fashing

Court: United States District Court for the District of New Mexico (Bernalillo County)

Plaintiff's Attorney:

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Defendant's Attorney: A. Fafe Foreman

Description: Albuquerque, New Mexico personal injury lawyer represented the Plaintiff who sued the Defendant on a product liability theory.

This case was filed in the First Judicial District Court, D-101-CV-22-02361, and was removed to federal court by the Defendants.

Dennis Murphy as Personal Representative of the Wrongful Death Estate of Mark Porter, deceased
estate of Mark Porter, deceased, Audry Johnson and Charlett Williams sued Altec Industries, Inc. and Global Renatl Co., Inc. on product liability and wrongful Death theories.

Altec is a leading provider of products and services to the electric utility, telecommunications, tree care, lights and signs, and contractor markets. We deliver products and services in more than 100 countries throughout the world.

"New Mexico product liability law is based on the principle that manufacturers and sellers of products have a duty to produce and sell safe products. When a product is defective and causes injury to a consumer, the manufacturer or seller may be held liable for the damages caused by the injury.

There are three main types of product liability claims in New Mexico:

Negligence: A plaintiff can bring a negligence claim against a manufacturer or seller of a product if they can prove that the manufacturer or seller failed to use reasonable care in designing, manufacturing, or selling the product. This can include failing to test the product properly, failing to warn consumers of known hazards, or failing to comply with safety standards.
Breach of warranty: A plaintiff can bring a breach of warranty claim against a manufacturer or seller of a product if the product fails to live up to the express or implied warranties made about it. For example, if a manufacturer sells a product with an express warranty that it is safe to use, but the product turns out to be defective and causes injury, the manufacturer may be held liable for breach of warranty.
Strict liability: Strict liability is the most common type of product liability claim in New Mexico. Under strict liability, a plaintiff does not need to prove that the manufacturer or seller was negligent or breached a warranty in order to recover damages. Instead, the plaintiff only needs to prove that the product was defective and caused their injury.

To prove a strict liability product liability claim in New Mexico, the plaintiff must show the following three elements:

The product was defective. A product is considered defective if it is unreasonably dangerous when used in a foreseeable manner.
The defect existed when the product left the control of the manufacturer or seller.
The defect caused the plaintiff's injury.

If the plaintiff can prove all three of these elements, they may be entitled to recover damages from the manufacturer or seller of the product.

The damages that a plaintiff can recover in a product liability case will vary depending on the severity of their injuries and the specific facts of the case. However, damages may include medical expenses, lost wages, pain and suffering, and property damage.

If you have been injured by a defective product, you should consult with an experienced product liability attorney to discuss your legal options."

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Outcome: STIPULATION of Dismissal by Audry Johnson, Dennis Murphy, Charlett Williams (Davis, Ben) (Entered: 08/29/2023)

Plaintiff's Experts:

Defendant's Experts:


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