Legal Opinion

Gerke v. Romero

New Mexico Court of Appeals

Decided March 10, 2010No. 28,652; 32,405PublishedCited by 26 opinions

1Opinion of the Court

OPINION

VIGIL, Judge.

{1} The primary issue presented in this case is, when does the statute of limitations begin to run for purposes of “toxic tort” personal injury claims? Plaintiff (Tenant) appeals pro se from the district court order granting summary judgment in favor of Defendants (Landlords) dismissing his claim for damages due to exposure to mold. The district court granted summary judgment to Landlords based on Tenant’s failure to bring the claim within the applicable statute of limitations time period. We affirm the district court.

BACKGROUND

{2} In May 2003, Tenant rented a home from…

2Cases cited14 opinions

  1. Ezell v. RochaNew Mexico Supreme Court · 2009
  2. Crutchfield v. New Mexico Department of Taxation & RevenueNew Mexico Court of Appeals · 2004
  3. City of Albuquerque v. BPLW Architects & Engineers, Inc.New Mexico Court of Appeals · 2009
  4. Roberts v. Southwest Community Health ServicesNew Mexico Supreme Court · 1992
  5. Williams v. StewartNew Mexico Court of Appeals · 2005

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

3Cited by26 opinions

  1. Anderson Living Trust v. WPX Energy Production, LLCDistrict Court, D. New Mexico · 2014
  2. Nowell v. Medtronic Inc.District Court, D. New Mexico · 2019
  3. Anderson Living Trust v. WPX Energy Production, LLCDistrict Court, D. New Mexico · 2015
  4. Doherty v. Admiral's Flagship Condominium TrustMassachusetts Appeals Court · 2011
  5. Slusser v. Vantage Builders, Inc.New Mexico Court of Appeals · 2013

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

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