Lopez v. Wal-Mart Stores, Inc.
New Mexico Court of Appeals
1Opinion of the Court
OPINION
APODACA, Judge.
Plaintiff appeals from the trial court’s denial of two motions made pursuant to SCRA 1986, 1-060(B), in which she sought to reopen the trial court’s judgment dismissing her complaint with prejudice. Because we conclude that the trial court erred in finding willful failure to comply with discovery, we reverse and remand for trial on the merits.
Plaintiff filed a complaint on July 31, 1986 for personal injuries sustained when she slipped and fell at defendant’s store. On February 23, 1987, the trial court entered an order compelling plaintiff to provide discovery. On April…
2Cases cited13 opinions
- John W. Wilson v. Volkswagen of America, Inc., a New York Corporation and Volkswagenwerk, A. G., a Foreign Corporation, Wolfsburg, Western GermanyCourt of Appeals for the Fourth Circuit · 1977
- United Nuclear Corp. v. General Atomic Co.New Mexico Supreme Court · 1980
- Grace K. Emerick and James L. Emerick, Sr. v. Fenick Industries, Inc.Court of Appeals for the Fifth Circuit · 1976
- Springer Corporation v. HerreraNew Mexico Supreme Court · 1973
- Phelps Dodge Corp. v. GuerraNew Mexico Supreme Court · 1978
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3Cited by11 opinions
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- Sandoval v. MartinezNew Mexico Court of Appeals · 1989
- Lujan v. City of AlbuquerqueNew Mexico Court of Appeals · 2003
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