Legal Opinion
Smith v. Klebanoff
New Mexico Court of Appeals
Decided June 2, 1972No. 775PublishedCited by 44 opinions
1Opinion of the Court
OPINION
WOOD, Chief Judge.
The trial court entered summary judgment in favor of the defendants in this medical malpractice case. Plaintiffs’ appeal raises issues: (1) as to the material before the trial court at the summary judgment hearing; (2) whether there were factual issues preventing summary judgment; (3) res ipsa loquitur; and (4) warning as to the dangers of surgery.
Material before the trial court.
Numerous depositions were taken. Plaintiffs assert that the depositions of four named doctors had not been transcribed or filed at the time of the summary judgment hearing. Plaintiffs,…
2Cases cited16 opinions
- Woods v. BrumlopNew Mexico Supreme Court · 1962
- Cervantes v. ForbisNew Mexico Supreme Court · 1964
- Dahl v. TurnerNew Mexico Court of Appeals · 1969
- Rekart v. Safeway Stores, Inc.New Mexico Court of Appeals · 1970
- Buchanan v. DowningNew Mexico Supreme Court · 1964
11 more not listed; retrieve them via the Exa API.
3Cited by44 opinions
- C & H Construction & Paving Co. v. Citizens BankNew Mexico Court of Appeals · 1979
- New Mexico Physicians Mutual Liability Co. v. LaMureNew Mexico Supreme Court · 1993
- Galvan v. City of AlbuquerqueNew Mexico Court of Appeals · 1973
- Duran v. General Motors Corp.New Mexico Court of Appeals · 1984
- Cooper v. CurryNew Mexico Court of Appeals · 1979
39 more not listed; retrieve them via the Exa API.