Legal Opinion

Martinez v. New Mexico Department of Transportation

New Mexico Court of Appeals

Decided June 1, 2011No. 28,661; Docket 33,083PublishedCited by 5 opinions

1Opinion of the Court

OPINION

KENNEDY, Judge.

{1} This case stems from a head-on collision between a vehicle driven by Amelia Martinez, in which Donald Espinoza was a passenger, and another vehicle driven by Anthony Griego. All involved died. Plaintiffs, representatives of Martinez’s and Espinoza’s estates, pursue wrongful death and loss of consortium claims against the New Mexico Department of Transportation (DOT) for negligent failure to maintain the road. The district court granted DOT partial summary judgment on the grounds that DOT’s alleged failure to install a concrete barrier separating traffic constituted a…

2Cases cited23 opinions

  1. California First Bank v. StateNew Mexico Supreme Court · 1990
  2. Dunleavy v. MillerNew Mexico Supreme Court · 1993
  3. McNeill v. Burlington Resources Oil & Gas Co.New Mexico Supreme Court · 2008
  4. Heath Ex Rel. Holdyn H. v. La Mariana ApartmentsNew Mexico Supreme Court · 2008
  5. Rutherford v. Chaves CountyNew Mexico Supreme Court · 2003

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

3Cited by5 opinions

  1. Martinez v. New Mexico Department of TransportationNew Mexico Supreme Court · 2013
  2. Progressive Cas. Ins. Co. v. VigilNew Mexico Court of Appeals · 2015
  3. Martinez v. NEW MEXICO DEPT. OF TRANSP.New Mexico Court of Appeals · 2011
  4. Progressive Casualty Insurance v. VigilNew Mexico Court of Appeals · 2015
  5. Progressive Cas. Ins. Co. v. VigilNew Mexico Court of Appeals · 2015

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