Legal Opinion

Gandara Ex Rel. Gandara v. Wilson

New Mexico Court of Appeals

Decided April 20, 1973No. 1060PublishedCited by 16 opinions

1Opinion of the Court

OPINION

SUTIN, Judge.

This is an appeal by plaintiff from a summary judgment granted defendant in a medical malpractice case. Defendant cross-appealed for failure of the trial court to consider affidavits filed in support of his motion for summary judgment.

We affirm.

There is no Genuine Issue of Fact Upon Which to Deny Defendant Summary Judgment.

Plaintiff concedes that defendant made a prima facie showing of an absence of a genuine issue of fact, but she contends that she came forward and demonstrated that a genuine issue of fact did exist requiring a trial. Goodman v. Brock, 83 N.M. 789, 498…

2Cases cited13 opinions

  1. United States v. RabinowitzSupreme Court of the United States · 1950
  2. Alexander v. Delgado Ex Rel. DelgadoNew Mexico Supreme Court · 1973
  3. Goodman v. Brock Ex Rel. Estate of BrockNew Mexico Supreme Court · 1972
  4. Cervantes v. ForbisNew Mexico Supreme Court · 1964
  5. Davis v. Virginian Railway Co.Supreme Court of the United States · 1960

8 more not listed; retrieve them via the Exa API.

3Cited by16 opinions

  1. Ardoin v. Hartford Acc. & Indem. Co.Supreme Court of Louisiana · 1978
  2. Morrison v. MacNamaraDistrict of Columbia Court of Appeals · 1979
  3. Pharmaseal Laboratories, Inc. v. GoffeNew Mexico Supreme Court · 1977
  4. Poulin v. ZartmanAlaska Supreme Court · 1975
  5. Shilkret v. Annapolis Emergency Hospital Ass'nCourt of Appeals of Maryland · 1975

11 more not listed; retrieve them via the Exa API.

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