Legal Opinion
Rodgers v. Ferguson
New Mexico Court of Appeals
Decided October 12, 1976No. 2587PublishedCited by 15 opinions
1Opinion of the Court
OPINION
WOOD, Chief Judge.
Under the common law, personal tort actions died with the person of either the plaintiff or defendant. Prosser, Law of Torts (4th Ed. 1971) § 126. This case involves a vestige of the common law rule not expressly covered by our statutes; specifically a cause of action based on damages accruing between a negligent injury and the subsequent unrelated death of the injured person.
The second amended complaint alleges a collision between a vehicle driven by Joseph Wheaton and a tractor trailer driven by Montoya and owned by Steere Tank Lines, Inc. Prior to filing suit,…
2Cases cited12 opinions
- Moragne v. States Marine Lines, Inc.Supreme Court of the United States · 1970
- Alexander v. Delgado Ex Rel. DelgadoNew Mexico Supreme Court · 1973
- Publix Cab Co. v. Colorado National Bank of DenverSupreme Court of Colorado · 1959
- Maestas v. OvertonNew Mexico Supreme Court · 1975
- Ickes v. BrimhallNew Mexico Supreme Court · 1938
7 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Salazar v. St. Vincent HospitalNew Mexico Court of Appeals · 1980
- State v. ScottNew Mexico Court of Appeals · 1977
- Oliveros v. MitchellCourt of Appeals for the Tenth Circuit · 2006
- Harrison v. Loyal Protective Life InsuranceMassachusetts Supreme Judicial Court · 1979
- Padilla v. Estate of GriegoNew Mexico Court of Appeals · 1992
10 more not listed; retrieve them via the Exa API.