Legal Opinion

Loper v. JMAR

New Mexico Court of Appeals

Decided August 21, 2013No. 34,267; Docket No. 31,357PublishedCited by 2 opinions

1Opinion of the Court

OPINION

VIGIL, Judge.

{1} In this negligence case, the district court granted summary judgment to Defendant (JMAR) in two separate orders. First, the district court ruled that the doctrine of circuity of actions bars Plaintiffs claims. Secondly, ' the district court granted summary judgment when it ruled that the opinions of Plaintiffs expert on causation are not admissible as not being based on the facts of the case. We reverse both orders.

I. BACKGROUND

{2} Plaintiff, Dan Loper, d/b/a Rio Leche Dairy, hired JMAR, a contractor, to design, build, and deliver a new, turn-key fully operational…

2Cases cited31 opinions

  1. Daubert v. Merrell Dow Pharmaceuticals, Inc.Supreme Court of the United States · 1993
  2. Self v. United Parcel Service, Inc.New Mexico Supreme Court · 1998
  3. Hoover's Dairy, Inc. v. Mid-America Dairymen, Inc./Special Products, Inc.Supreme Court of Missouri · 1985
  4. State v. AlbericoNew Mexico Supreme Court · 1993
  5. State v. AlbericoNew Mexico Supreme Court · 1993

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3Cited by2 opinions

  1. Loper v. JMARNew Mexico Court of Appeals · 2013
  2. Collado v. Fiesta Park HealthcareNew Mexico Court of Appeals · 2022

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