Legal Opinion

Salazar v. St. Vincent Hospital

New Mexico Court of Appeals

Decided September 30, 1980No. 4111PublishedCited by 56 opinions

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

  1. Roe v. WadeSupreme Court of the United States · 1973
  2. Trammel v. United StatesSupreme Court of the United States · 1980
  3. Moragne v. States Marine Lines, Inc.Supreme Court of the United States · 1970
  4. Keeler v. Superior CourtCalifornia Supreme Court · 1970
  5. Justus v. AtchisonCalifornia Supreme Court · 1977

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

3Cited by56 opinions

  1. Scott v. RizzoNew Mexico Supreme Court · 1981
  2. Summerfield v. Superior Court, Maricopa Cty.Arizona Supreme Court · 1985
  3. Nealis v. BairdSupreme Court of Oklahoma · 1999
  4. Krishnan v. SepulvedaTexas Supreme Court · 1995
  5. O'GRADY v. BrownSupreme Court of Missouri · 1983

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

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API