Legal Opinion
Ealy v. Sheppeck
New Mexico Court of Appeals
Decided September 7, 1983No. 5962PublishedCited by 7 opinions
1Opinion of the Court
OPINION
WALTERS, Chief Judge.
Defendant’s motion for summary judgment or for dismissal of plaintiffs’ claim was granted by the trial court. The parties agree that under § 41-5-13, N.M.S. A.1978 (1982 Repl.Pamph.), plaintiff filed her malpractice claim against defendant too late, unless the statute was somehow tolled. She contends that there was a tolling either by defendant’s fraudulent concealment, continuing tortious conduct, or false misrepresentation. In order to defeat defendant’s prima facie showing that the limitation period had run, plaintiff had the burden of showing the existence of…
2Cases cited6 opinions
- Davis v. City of New YorkNew York Court of Appeals · 1975
- Bixler v. BowmanWashington Supreme Court · 1980
- Kennedy v. LynchNew Mexico Supreme Court · 1973
- Russo v. DiethrichCourt of Appeals of Arizona · 1980
- McQuinn v. St. Lawrence County LaboratoryAppellate Division of the Supreme Court of the State of New York · 1967
1 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Kern Ex Rel. Kern v. St. Joseph Hospital, Inc.New Mexico Supreme Court · 1985
- Irvine v. St. Joseph Hospital, Inc.New Mexico Court of Appeals · 1984
- Tiberi v. Cigna CorporationCourt of Appeals for the Tenth Circuit · 1996
- Ealy v. SheppeckNew Mexico Court of Appeals · 1983
- Loesch ex rel. Loesch v. HendersonNew Mexico Court of Appeals · 1985
2 more not listed; retrieve them via the Exa API.