Legal Opinion

Vaca v. Whitaker

New Mexico Court of Appeals

Decided February 6, 1974No. 1182PublishedCited by 24 opinions

1Opinion of the Court

OPINION

WOOD, Chief Judge.

The issues are: (1) jurisdiction to consider an interlocutory appeal; (2) collateral estoppel; (3) effect of a satisfied judgment; and (4) propriety of summary judgment.

Plaintiffs are wife and husband. The complaint and answer establish that plaintiffs’ vehicle was struck by a car driven by Gandara; that the wife suffered injury to her person in the accident; that she was examined by defendant and was under his professional care for a specified period of time. Defendant is a physician. Plaintiffs seek damages from defendant on a theory of negligence in diagnosis and…

2Cases cited23 opinions

  1. Lawlor v. National Screen Service Corp.Supreme Court of the United States · 1955
  2. Alexander v. Delgado Ex Rel. DelgadoNew Mexico Supreme Court · 1973
  3. Goodman v. Brock Ex Rel. Estate of BrockNew Mexico Supreme Court · 1972
  4. Ash v. MortensenCalifornia Supreme Court · 1944
  5. Baros v. KazmierczwkNew Mexico Supreme Court · 1961

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

3Cited by24 opinions

  1. Wilson v. GaltNew Mexico Court of Appeals · 1983
  2. Sanchez v. ClaytonNew Mexico Supreme Court · 1994
  3. Sanchez v. ClaytonNew Mexico Supreme Court · 1994
  4. Owen v. Burn Construction Co.New Mexico Supreme Court · 1977
  5. Underwood-Gary v. MathewsCourt of Appeals of Maryland · 2001

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

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