Legal Opinion

MacIas v. Jaramillo

New Mexico Court of Appeals

Decided August 15, 2000No. 20,510PublishedCited by 8 opinions

1Opinion of the Court

OPINION

SUTIN, Judge.

{1} The issue in this appeal is whether a plaintiff who files an action seeking recovery against an estate loses her cause of action if she has not joined a duly appointed personal representative of the dead person’s estate before the statute of limitations has run.

{2} Plaintiff Linda Macias filed a complaint on May 14, 1998, against James Jaramillo and Joe C. Jaramillo, Jr. (the Jaramillos), as personal representatives of the estate of Joe C. Jaramillo, deceased (Decedent), as a result of injuries Plaintiff received when she was struck on June 7, 1995, by an automobile…

2Cases cited16 opinions

  1. Jacobsen v. OsborneCourt of Appeals for the Fifth Circuit · 1998
  2. Cynthia Ann Watson v. Unipress, Inc.Court of Appeals for the Tenth Circuit · 1984
  3. Taliferro v. CostelloDistrict Court, E.D. Pennsylvania · 1979
  4. Rivera v. KingNew Mexico Court of Appeals · 1988
  5. Gaston v. HartzellNew Mexico Court of Appeals · 1976

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3Cited by8 opinions

  1. Romero v. BachichaNew Mexico Court of Appeals · 2001
  2. Costello v. CaslerNevada Supreme Court · 2011
  3. Martinez v. SegoviaNew Mexico Court of Appeals · 2002
  4. Wagner v. Pruett (In re Vaughan Co., Realtors)United States Bankruptcy Court, D. New Mexico · 2012
  5. Pargman v. VickersCourt of Appeals of Arizona · 2004

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

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