Legal Opinion
Sewell v. Wilson
New Mexico Court of Appeals
Decided January 26, 1982No. 5160PublishedCited by 21 opinions
1Opinion of the Court
OPINION
DONNELLY, Judge.
Plaintiff, James W. Sewell, M.D., appeals from a district court order dismissing his medical malpractice complaint with prejudice for failure to prosecute pursuant to N.M.R.Civ.P. 41(e), N.M.S.A.1978. Alleging negligent post-operative care of plaintiff, the complaint named as defendants, Dr. Wilson, Bhati, Gerety; their employer, Surgical Associates, P. S.; and Presbyterian Hospital Center. Two issues were raised on appeal: whether the trial court abused its discretion in dismissing plaintiff’s complaint, and if not, whether defendants waived their right to dismissal.
The…
2Cases cited27 opinions
- Pharmaseal Laboratories, Inc. v. GoffeNew Mexico Supreme Court · 1977
- Christin v. Superior CourtCalifornia Supreme Court · 1937
- Layton v. AllenSupreme Court of Delaware · 1968
- Nathan Richman, Administrator v. General Motors CorporationCourt of Appeals for the First Circuit · 1971
- Radman v. HaroldCourt of Appeals of Maryland · 1977
22 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Trujillo v. PuroNew Mexico Court of Appeals · 1984
- Schmidt v. St. Joseph's HospitalNew Mexico Court of Appeals · 1987
- State Ex Rel. Human Services Department v. ColemanNew Mexico Court of Appeals · 1986
- Stoll v. DowNew Mexico Court of Appeals · 1986
- Vigil v. Miners Colfax Medical CenterNew Mexico Court of Appeals · 1994
16 more not listed; retrieve them via the Exa API.