Legal Opinion

Toppino v. Herhahn

New Mexico Supreme Court

Decided October 6, 1983No. 14953PublishedCited by 11 opinions

1Opinion of the Court

OPINION

SOSA, Senior Justice.

This suit was brought to recover damages for alleged malpractice, breach of express or implied warranties, and lack of informed consent. The plaintiff, Mrs. Toppino, claimed the defendant, Dr. Herhahn, caused these damages during five plastic surgeries to reconstruct her right breast. During the trial, the plaintiff abandoned the theory of lack of informed consent. The trial court directed a verdict in favor of the defendant on the negligence issue. The jury returned a $27,500 verdict for the plaintiff on the warranties issue which the defendant appealed. The…

2Cases cited7 opinions

  1. Pharmaseal Laboratories, Inc. v. GoffeNew Mexico Supreme Court · 1977
  2. Cervantes v. ForbisNew Mexico Supreme Court · 1964
  3. Skyhook Corp. v. JasperNew Mexico Supreme Court · 1977
  4. Crouch v. MostNew Mexico Supreme Court · 1967
  5. Strickland v. Roosevelt County Rural Electric CooperativeNew Mexico Court of Appeals · 1980

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

3Cited by11 opinions

  1. Zamora v. St. Vincent HospitalNew Mexico Supreme Court · 2014
  2. Cumming v. Nielson's, Inc.New Mexico Court of Appeals · 1988
  3. Buke, LLC v. Cross Country Auto Sales, LLCNew Mexico Court of Appeals · 2014
  4. Borden v. United StatesCourt of Appeals for the Tenth Circuit · 1991
  5. Vaughan v. St. Vincent HospitalNew Mexico Supreme Court · 2014

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

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