Ross v. City of Las Cruces

OPINION

VANZI, Judge.

{1} Appellant Michael Ross (Plaintiff), as Personal Representative of the Estate of Alvin Moore (Moore), filed a complaint for wrongful death against Appellees Mesilla Valley Hospital (MVH), Psychiatric Solutions, Inc. (PSI), and Georgina C. Herrera, M.D., (collectively Defendants) after Moore was killed in an auto accident caused by Carlos Preciado (Preciado). Preciado had recently been discharged from Defendants’ cai'e.

{2} Defendants moved for summary judgment, asserting that they did not owe a duty of care to Moore. The district court granted Defendants’ motion, stating…