Legal Opinion

Winder v. Martinez

New Mexico Court of Appeals

Decided December 16, 1975No. 2002PublishedCited by 15 opinions

1Opinion of the Court

OPINION

WOOD, Chief Judge.

This lawsuit arose out of a motor vehicle collision. There is no issue concerning defendants’ liability. The jury returned a verdict for plaintiff, who appeals. Plaintiff tendered testimony from a psychologist on the issue of damages. The dispositive issue is whether the trial court erred in excluding this testimony. This issue involves consideration of (1) evidence of brain damage; (2) hypothetical questions; (3) irrelevant and immaterial evidence; and (4) qualifications of a psychologist to testify.

In the presence of the jury the psychologist testified as to his…

Also in this document: Concurrence.

2Cases cited9 opinions

  1. State v. PadillaNew Mexico Supreme Court · 1959
  2. Woods v. BrumlopNew Mexico Supreme Court · 1962
  3. Beal v. Southern Union Gas Co.New Mexico Supreme Court · 1960
  4. Hebenstreit v. Atchison, Topeka & Santa Fe Railway Co.New Mexico Supreme Court · 1959
  5. Tobeck v. United Nuclear-Homestake PartnersNew Mexico Court of Appeals · 1973

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

3Cited by15 opinions

  1. Duran v. LovatoNew Mexico Court of Appeals · 1982
  2. State v. EllisNew Mexico Court of Appeals · 1976
  3. Herrera v. Fluor Utah, Inc.New Mexico Court of Appeals · 1976
  4. Claudia Lajean Whalley v. Chester Y. Sakura, Jr., M.D.Court of Appeals for the Tenth Circuit · 1986
  5. Lovington Cattle Feeders, Inc. v. Abbott LaboratoriesNew Mexico Supreme Court · 1982

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

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