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NM Court of Appeals Schedules April 18, 1:30 PM Hearing

April 18, 2016 - Jen Laws

The New Mexico Court of Appeals has scheduled a hearing at the Pamela B. Minzner Law Center on Monday, April 18, 2016. The oral argument is open to the public and begins at 1:30 P.M.

A three-judge panel will preside: Judge Michael D. Bustamante (’74), Chief Judge Roderick Kennedy, and Judge Linda M. Vanzi (’95).

Following are the details of the case:

JOSEPH LEE CHRISTOPHERSON as Personal Representative of the Estate of MERCEDES LOUISE CHRISTOPHERSON and JOSEPH LEE CHRISTOPHERSON, individually, Plaintiffs-Appellees, represented by Jane B. Yohalem, Katherine W. Hall, and D. Diego Zamora

vs.

 St. Vincent Hospital, A New Mexico Non-Profit Corporations d/b/a CHRISTUS ST. VINCENT REGIONAL MEDICAL CENTER, Defendant-Appellant, represented by Tim L. Fields, Emil J. Kiehne, Susan M. Bisong, Elizabeth A. Martinez, William P. Slattery, and David A. Lawrenz

 This is a wrongful death case in which three trials have already occurred. Defendant-Appellant alleges that: 1) before Trial One, the District Court erroneously excluded defense evidence that the decedent caused her own death by combining Xanax and marijuana with her prescription medicine; 2) after the jury hung in Trial One on the issue of causation, the District Court erred by denying a full retrial of the negligence claim in Trials Two and Three, although the issues of negligence and causation could not be decided separately; 3) the District Court also erred by overturning a defense verdict and granting a new trial after Trial Two, based on alleged misconduct by defense counsel. Plaintiffs-Appellees contend that each of the trial court’s rulings was a proper exercise of the court’s discretion and ask that the verdict be upheld.

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