· 3/2/1995
Garcia on Behalf of Garcia v. La Farge
Citations
- 893 P.2d 428
- 119 N.M. 532
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- observing that purposes of preservation requirement are to alert the trial court to error in time for correction and to give other side a fair opportunity to meet the case presented
- stating that “[statutes of repose begin to run from a statutorily determined time defined without regard to when the underlying cause of action accrues and without regard to the discovery of injury or damages”
- determining if the classification by Section 41-5-13 of health care providers differently from other tortfeasors is supported by a rational basis
- discussing that although appellants’ “arguménts were not a model of clarity, and certainly could have been made with more specificity, they were sufficient to alert the trial court and opposing counsel to the substance of the argument being made”
- purpose of preservation requirement is to give the trial judge an opportunity to correct a claimed mistake and to give the opposing party a fair opportunity to meet the objection
- finding Section 41-5-13 to be constitutional
Source: CourtListener parenthetical corpus (CC0).
Judges: Ransom, Baca, Franchini
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.