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Date: 05-17-2024

Case Style:

D. Maria Schmidt, et al. v. Transport Indiana, LLC, et al.

Case Number: 1:24-cv-00360

Judge: William P. Johnson

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

Plaintiff's Attorney: David C. Chavez

Defendant's Attorney: John Field Simms Stiff, Jr. and John S. Stiff

Description: Albuquerque, New Mexico personal injury lawyer David C. Chavez represented the Plaintiffs who sued on auto negligence wrongful death theories.

This case was initially filed in the First Judicial District Court, D-101-CV-24-00237, and was removed to federal court by the Defendants.

The Plaintiffs challenged the jurisdiction of the court and sought remand.

Negligence Laws in New Mexico For example, under New Mexico law, if you were injured in an accident but were also at fault to some degree, your possible recovery can diminish based on the degree of your own fault. However, so long as you are not 100% at fault for the incident, it is possible to recover damages.

Under New Mexico law, a "wrongful death" is a death that is "caused by the wrongful act, neglect, or default of another" that, if the person had lived, would have allowed him or her to file a personal injury lawsuit. (N.M. Stat. § 41-2-1 (2021).)

The following five elements may typically be required to prove negligence: The existence of a legal duty that theendant owed the plaintiff, Defendant’s breach of that duty, Harm to the plaintiff, Defendant’s actions are the proximate cause of harm to the plaintiff, and Defendant’s actions are the cause-in-fact of harm to the plaintiff.

Outcome: etter by United States District Court Clerk remanding case back to First Judicial District Court. (cmm) (Entered: 05/15/2024)

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