(DOWNLOAD) "Chavez V. Regents Of University Of New Mexico" by New Mexico Supreme Court # Book PDF Kindle ePub Free
eBook details
- Title: Chavez V. Regents Of University Of New Mexico
- Author : New Mexico Supreme Court
- Release Date : January 12, 1985
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 69 KB
Description
Antonio and Cipriana Chavez (plaintiffs) brought suit under the Tort Claims Act, NMSA 1978, Sections 41-4-1 to -27 (Repl. Pamp.1982 and Cum. Supp.1985) against the Regents of the University of New Mexico (defendants), as trustees of the University of New Mexico Hospital, alleging medical malpractice and the wrongful death of their seventeen year old daughter. After nearly two years of pre-trial discovery and motions on the merits, defendants filed a motion to dismiss or, in the alternative, for summary judgment based on plaintiffs' failure to obtain, within the time limitation period, court appointment of a personal representative to sue. The trial court denied defendants' motion, but certified the issue for interlocutory appeal. The Court of Appeals, in a memorandum opinion, reversed the trial court and remanded the case for entry of an order dismissing plaintiffs' action. We granted plaintiffs' petition for writ of certiorari. We reverse the Court of Appeals and affirm the trial court.