May 7th, 2014 By: Paul Hibner
Topics: New Mexico Tort Claims Act

The government’s sovereign immunity is waived when plaintiff’s injury is caused by a public employee’s negligence in the maintenance of roadways, streets, sidewalks, or highways. NMSA § 41-4-11(A). Immunity can be waived by, inter alia, failing to build or maintain fences along highways, failing to post “Wrong Way” or “Do ... Continue Reading

Apr 30th, 2014 By: Paul Hibner
Topics: Loss of Consortium In New Mexico

To bring a tenable loss of consortium claim, a plaintiff must show: 1) a sufficiently close relationship with the injured party and, 2) plaintiff’s distress was foreseeable. Wachocki v. Bernalillo County Sheriff's Dep't, 2011-NMSC-039, ¶5.

Several factors are relevant in determining whether a sufficiently close relationship existed to bring a loss ... Continue Reading

Apr 7th, 2014 By: Paul Hibner
Topics: New Mexico Tort Claims Act

Under New Mexico’s Tort Claims Act, the government is generally immune from tort claims while acting in the scope of public duty. See NMSA 1978 § 41-4-4 (1978). Immunity is waived, however, when plaintiff’s damage iscaused: (1) by a public employee’s negligence; (2) acting within the scope of their duties; ... Continue Reading

Whether a worker is an employer or an independent contractor is determined by several factors.

The United States Internal Revenue Service (“IRS”) provides a test to determine whether a worker is an independent contractor or an employee. The IRS test involves several factors including, inter alia;

1.         whether the business has retained ... Continue Reading

Federal Rule of Civil Procedure 27

            We represent an insured whose insurance company attempted to seek discovery against clients in a lawsuit the insurance company described as “impending.” The insurance company filed a Petition under Rule 27 of the Federal Rules of Procedure. 

            Rule 27(a)(1) of the Federal Rules of ... Continue Reading