Foster v. Sun Healthcare Group, Inc.

OPINION

VANZI, Judge.

{1} Plaintiff Samuel Foster filed suit against Defendants Sun Healthcare Group, Inc., Peak Medical Corporation, and Peak Medical NM Management Services, Inc. (collectively, Defendants) in state district court after a United States District Court for the district of New Mexico (federal court) dismissed his personal injury suit against Defendants for lack of subject matter jurisdiction. New Mexico has a saving statute that provides that “once a suit has been commenced, if it fails for any cause, except negligence in its prosecution, a second suit can be brought within six…