Salazar v. St. Vincent Hospital
New Mexico Court of Appeals
1Opinion of the Court
OPINION
WOOD, Chief Judge.
Plaintiff, individually sought damages for the alleged negligence and malpractice of defendants in taking care of her vaginal bleeding. Those claims are not involved in this appeal. Plaintiff, as personal representative of the estate of her fetus, sought damages for the wrongful death of the fetus. The trial court dismissed the wrongful death claims on the basis that they failed to state a claim upon which relief could be granted. Such a dismissal, under R.Civ.Proc. 12(b)(6), requires an acceptance, as true, of all facts well pleaded. Runyan v. Jaramillo, 90 N.M. 629,…
Also in this document: Concurrence.
2Cases cited24 opinions
- Roe v. WadeSupreme Court of the United States · 1973
- Trammel v. United StatesSupreme Court of the United States · 1980
- Moragne v. States Marine Lines, Inc.Supreme Court of the United States · 1970
- Keeler v. Superior CourtCalifornia Supreme Court · 1970
- Justus v. AtchisonCalifornia Supreme Court · 1977
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3Cited by56 opinions
- Scott v. RizzoNew Mexico Supreme Court · 1981
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- Krishnan v. SepulvedaTexas Supreme Court · 1995
- O'GRADY v. BrownSupreme Court of Missouri · 1983
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