Legal Opinion
Godwin v. Memorial Medical Center
New Mexico Court of Appeals
Decided June 4, 2001No. 20,175, 20,189PublishedCited by 21 opinions
1Opinion of the Court
OPINION
SUTIN, Judge.
{1} We are asked to address first impression issues regarding the applicability of our New Mexico Tort Claims Act (Tort Claims Act) in an action for damages under the federal Emergency Medical Treatment and Active Labor Act, 42 U.S.C. § 1395dd (1994) (Emergency Act or EMTALA). The Emergency Act proscribes what is commonly referred to as “dumping” of emergency room patients by hospitals.
{2} On motions for summary judgment, the district court held that the Tort Claims Act notice-of-claim and damages-cap provisions were applicable to the Emergency Act claim. However, the…
2Cases cited39 opinions
- Franchise Tax Bd. of Cal. v. Construction Laborers Vacation Trust for Southern Cal.Supreme Court of the United States · 1983
- Hines v. DavidowitzSupreme Court of the United States · 1941
- Cipollone v. Liggett Group, Inc.Supreme Court of the United States · 1992
- English v. General Electric Co.Supreme Court of the United States · 1990
- Felder v. CaseySupreme Court of the United States · 1988
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3Cited by21 opinions
- Upton v. Clovis Municipal School DistrictNew Mexico Supreme Court · 2006
- Rutherford v. Chaves CountyNew Mexico Supreme Court · 2003
- Grassie v. Roswell Hospital Corp.New Mexico Court of Appeals · 2010
- Sam v. Estate of SamNew Mexico Supreme Court · 2006
- Slack v. RobinsonNew Mexico Court of Appeals · 2003
16 more not listed; retrieve them via the Exa API.