Legal Opinion

Talbott v. Roswell Hospital Corp.

New Mexico Court of Appeals

Decided June 22, 2005No. 24,545PublishedCited by 45 opinions

1Opinion of the Court

OPINION

PICKARD, Judge.

{1} Roswell Hospital Corporation (the Hospital) appeals from a judgment in favor of Kim and Bonnie Talbott (Plaintiffs), as co-personal representatives of the estate of Damon K. Talbott (Decedent). The Hospital raises six issues on appeal. We reverse and remand on grounds that a significant question of fact was improperly decided by the district court, rather than the jury. We also address a challenge to the sufficiency of the evidence to establish proximate cause. We find it unnecessary to consider the remaining issues.

BACKGROUND

{2} This case arises from a fatal…

2Cases cited32 opinions

  1. Herrera Ex Rel. Estate of Ruiz v. Quality PontiacNew Mexico Supreme Court · 2003
  2. Bober v. New Mexico State FairNew Mexico Supreme Court · 1991
  3. Bank of New Mexico v. RiceNew Mexico Supreme Court · 1967
  4. State Ex Rel. Human Services Department v. StaplesNew Mexico Supreme Court · 1982
  5. Reichert v. AtlerNew Mexico Supreme Court · 1994

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3Cited by45 opinions

  1. Alfaro-Huitron v. WKI Outsourcing SolutionsCourt of Appeals for the Tenth Circuit · 2020
  2. Guest v. Allstate InsuranceNew Mexico Court of Appeals · 2009
  3. Laurich v. Red Lobster Rests., LLCDistrict Court, D. New Mexico · 2017
  4. La Frontera Center, Inc. v. United Behavioral Health, Inc.District Court, D. New Mexico · 2017
  5. Parrish v. Valero Retail Holdings, Inc.District Court, D. New Mexico · 2010

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

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