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NM Court of Appeals Schedules June 24, 10:00 AM Hearing

April 20, 2015 - Jen Laws

The New Mexico Court of Appeals has scheduled a hearing at the Pamela B. Minzner Law Center on Wednesday, June 24, 2015. The oral argument is open to the public and begins at 10:00 A.M.

A three-judge panel will preside: Judge Jonathan B. Sutin (’63), Judge M. Monica Zamora (’87), and Judge J. Miles Hanisee

Following are the details of the case:

ROSEMARY PAEZ and REY PAEZ, Plaintiffs-Appellants, represented by Tibo J. Chavez, Jr. and Turner W. Branch

vs.

BURLINGTON NORTHERN SANTA FE RAILWAY, MIKE ORTEGA, HECTOR L. DURAN, COUNTY OF SOCORRO, by and through its COMMISSIONERS, ROSALIND TRIPP, JAY SANTILLANES, LAUREL ARMIJO, CHARLES GALLEGOS, and STANLEY HERRERA, Defendants-Appellees, represented by Clifford K. Atkinson, John S. Thal, Juan M. Marquez, Elizabeth Losee, Marcus E. Rael, Jr., and Douglas E. Gardner

Plaintiffs-Appellants request review of the Orders of the District Court granting summary judgment in favor of Appellees Burlington Northern Santa Fe Railway, Mike A. Ortega, Hector L. Duran (BNSF), and the County of Socorro, and the Final Judgment in favor of BNSF and the County. The case arises out of collision between a vehicle driven by Ms. Paez and a train owned and operated by BNSF on a crossing in Socorro County, New Mexico. The collision injured Ms. Paez and caused her death. Appellants asserted several common law negligence claims against both BNSF and the County, seeking damages for Ms. Paez’s injuries and loss of consortium on behalf of Mr. Paez. The District Court found that Appellants’ negligence claims are preempted by federal law and there are no genuine issues of material fact for which a jury could find that Appellees’ respective conduct was a proximate cause of the collision resulting in Ms. Paez’s injuries and death.

For more information, contact Nora Gonzales at 505-841-4618.