Legal Opinion
Jiron v. Mahlab
New Mexico Supreme Court
Decided February 21, 1983No. 14566PublishedCited by 42 opinions
1Opinion of the Court
OPINION
SOSA, Senior Justice.
The narrow issue before this Court on certiorari is whether Section 41 — 5-15(A) of the Medical Malpractice Act, §§ 41-5-1 through 41-5-28, N.M.S.A.1978 (Repl.Pamp. 1982), as applied to a plaintiff who filed a suit in district court prior to making application to or receiving a decision by the Medical Review Commission in order to acquire personal jurisdiction over a defendant about to leave the jurisdiction, deprives said plaintiff of his constitutional right of access to the courts. We hold that it does.
Section 41-5-15(A) reads as follows:
A. No malpractice action…
2Cases cited12 opinions
- Boddie v. ConnecticutSupreme Court of the United States · 1971
- California Motor Transport Co. v. Trucking UnlimitedSupreme Court of the United States · 1972
- Eastin v. BroomfieldArizona Supreme Court · 1977
- Wright v. Central Du Page Hospital Ass'nIllinois Supreme Court · 1976
- Prendergast v. NelsonNebraska Supreme Court · 1977
7 more not listed; retrieve them via the Exa API.
3Cited by42 opinions
- Trujillo v. City of AlbuquerqueNew Mexico Supreme Court · 1998
- Bd. of Educ. of Carlsbad v. HarrellNew Mexico Supreme Court · 1994
- Richardson Ex Rel. Estate of Richardson v. Carnegie Library Restaurant, Inc.New Mexico Supreme Court · 1988
- Cummings v. X-Ray Associates of New Mexico, P. C.New Mexico Supreme Court · 1996
- Zeier v. Zimmer, Inc.Supreme Court of Oklahoma · 2006
37 more not listed; retrieve them via the Exa API.