Legal Opinion
Pedroza v. Lomas Auto Mall, Inc.
District Court, D. New Mexico
Decided January 21, 2009No. CIV 07-0591 JB/RHSPublishedCited by 5 opinions
1Opinion of the Court
MEMORANDUM OPINION AND ORDER
JAMES 0. BROWNING, District Judge.
THIS MATTER comes before the Court on Defendant Western Surety Company’s Motion for Partial Summary Judgment, filed October 14, 2008 (Doc. 289)(“Mo-tion”). The Court held a hearing on December 31, 2008. Before the hearing, the parties resolved many of the issues in the motion. The primary remaining issue is whether emotional damages are recoverable for breach of warranty of title under New Mexico law. Because the Court concludes that emotional damages are not encompassed within the incidental and consequential damages available for…
2Cases cited6 opinions
- Hale v. Basin Motor Co.New Mexico Supreme Court · 1990
- Kwan v. Mercedes-Benz of North America, Inc.California Court of Appeal · 1994
- Ettenson v. BurkeNew Mexico Court of Appeals · 2000
- Flores v. BacaNew Mexico Supreme Court · 1994
- Chambley v. Apple Restaurants, Inc.Court of Appeals of Georgia · 1998
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Guidance Endodontics, LLC v. Dentsply International, Inc.District Court, D. New Mexico · 2010
- Two Old Hippies, LLC v. Catch the Bus, LLCDistrict Court, D. New Mexico · 2011
- Obenauf v. Frontier Financial Group, Inc.District Court, D. New Mexico · 2011
- Carl Kelley Construction LLC v. Danco TechnologiesDistrict Court, D. New Mexico · 2009
- Dobyns v. United StatesUnited States Court of Federal Claims · 2014