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Legal Opinion

Montoya v. Pearson

New Mexico Court of Appeals

Decided May 30, 2006No. 25,455PublishedCited by 10 opinions

1Opinion of the Court

OPINION

PICKARD, Judge.

{1} The issue we confront in this case is whether a plaintiff who was injured in a negligently caused auto accident that also killed his passenger may recover damages for the emotional distress of seeing that passenger killed. This is an issue of first impression in New Mexico. In Madrid v. Lincoln County Medical Center, 1996-NMSC-049, ¶ 11, 122 N.M. 269, 923 P.2d 1154, our Supreme Court said, “Nor has this court ever resolved whether, for example, a person involved in a car accident who suffers some physical injury may recover damages for the emotional distress…

2Cases cited18 opinions

  1. Dillon v. LeggCalifornia Supreme Court · 1968
  2. Ramirez v. ArmstrongNew Mexico Supreme Court · 1983
  3. Folz v. StateNew Mexico Supreme Court · 1990
  4. Meiboom v. WatsonNew Mexico Supreme Court · 2000
  5. Williams v. StewartNew Mexico Court of Appeals · 2005

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

3Cited by10 opinions

  1. Jarrett v. JonesSupreme Court of Missouri · 2008
  2. Castillo v. City of Las VegasNew Mexico Court of Appeals · 2008
  3. Donastorg v. Daily News Publishing Co.Superior Court of The Virgin Islands · 2015
  4. Robert Cardenas, Ashley Cardenas, Savannah Cardenas, and Braylon Cardenas v. Sigiel J. SwansonWyoming Supreme Court · 2023
  5. Diaz v. RamsdenSuperior Court of The Virgin Islands · 2016

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

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