Legal Opinion

Wirth v. Sun Healthcare Group, Inc.

New Mexico Court of Appeals

Decided September 15, 2016No. Docket 34,269PublishedCited by 6 opinions

1Opinion of the Court

OPINION

VANZI, Judge.

{1} The decedent in this wrongful death lawsuit was Inez Martinez, a resident at the Village atNorthrise (VNR), which is a skilled nursing facility. The only remaining Defendants are Peak Medical Assisted Living, LLC (PM AL) — doing business as VNR — and three upstream entities in its ownership chain, which Plaintiff (as personal representative for Martinez) has alleged are joint venturers and co-employers of the staff at VNR. At the close of a six-day jury trial, the district court directed verdicts for Plaintiff on theories of negligent operation of a facility and…

2Cases cited31 opinions

  1. United States v. BestfoodsSupreme Court of the United States · 1998
  2. Robert H. E. Frank, Jerry D. Mooberry, Tyrone G. Moreno v. U.S. West, Inc.Court of Appeals for the Tenth Circuit · 1993
  3. State v. AlbericoNew Mexico Supreme Court · 1993
  4. State v. AlbericoNew Mexico Supreme Court · 1993
  5. Melnick v. State Farm Mutual Automobile InsuranceNew Mexico Supreme Court · 1988

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3Cited by6 opinions

  1. Commercial Club v. Global RescueCourt of Appeals of Utah · 2023
  2. Collado v. Fiesta Park HealthcareNew Mexico Court of Appeals · 2022
  3. Jacobs v. The Journal Publishing CompanyDistrict Court, D. New Mexico · 2022
  4. Thaxton v. GEICO Advantage Insurance CompanyDistrict Court, D. New Mexico · 2022
  5. Thaxton v. GEICO Advantage Insurance CompanyDistrict Court, D. New Mexico · 2022

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