Legal Opinion
Leyba v. Whitley
New Mexico Supreme Court
Decided October 11, 1995No. 22309PublishedCited by 43 opinions
1Opinion of the Court
OPINION
RANSOM, Justice.
1. Candace Leyba is the conservator for her minor son, Phillip LeRoy Urioste. In that capacity she sued attorneys Joseph E. Whitley and Daniel W. Shapiro for legal malpractice in their handling of a claim for the wrongful death of Phillip LeRoy’s father, Phillip Urioste. As sole statutory beneficiary, Phillip LeRoy has been deprived of nearly $325,000 in net wrongful death proceeds obtained by Whitley and Shapiro. They paid the proceeds to the deceased’s mother, Corrine Urioste, whom they represented as the personal representative in settling the wrongful death claim.…
2Cases cited34 opinions
- Ultramares Corp. v. ToucheNew York Court of Appeals · 1931
- Biakanja v. IrvingCalifornia Supreme Court · 1958
- Lucas v. HammCalifornia Supreme Court · 1961
- Savings Bank v. WardSupreme Court of the United States · 1880
- Prudential Insurance v. Dewey, Ballantine, Bushby, Palmer & WoodNew York Court of Appeals · 1992
29 more not listed; retrieve them via the Exa API.
3Cited by43 opinions
- Herrera Ex Rel. Estate of Ruiz v. Quality PontiacNew Mexico Supreme Court · 2003
- Azar v. Prudential Insurance Co. of AmericaNew Mexico Court of Appeals · 2003
- Callahan v. New Mexico Federation of Teachers-TVINew Mexico Supreme Court · 2006
- Lester Ex Rel. Mavrogenis v. HallNew Mexico Supreme Court · 1998
- Mosley v. TitusDistrict Court, D. New Mexico · 2010
38 more not listed; retrieve them via the Exa API.