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NM Court of Appeals Schedules Monday, July 24, 2017 10:00 A.M. Hearing

July 5, 2017 - Jen Laws

The New Mexico Court of Appeals has scheduled a hearing at the Pamela B. Minzner Law Center on Monday, July 24, 2017. The oral argument is open to the public and begins at 10:00 A.M.

A three-judge panel will preside: Chief Judge Linda M. Vanzi (’95), Judge Michael E. Vigil, and Judge Stephen G. French.

Following are the details of the case:

NICHOLAS T. LEGER as PERSONAL REPRESENTATIVE for the ESTATE OF MICHALE THOEMKE and DANIEL THOEMKE, individually, Plaintiffs

v.

NICHOLAS T. LEGER as assignee OF PRESYTERIAN HEALTHCARE SERVICES, and JOHN OR JANE DOES 1-5, Defendants/Third-Party Plaintiffs-Appellees, represented by Ray M. Vargas II, Richard J. Valle, and Criostoir O’Cleireachain

v.

RICHARD GERETY, M.D., and NEW MEXICO HEART INSTITUTE, Third-Party Defendants-Appellants, represented by Lee M. Rogers, Carla Neusch Williams, and Alice T. Lorenz

 

This appeal stems from the medical malpractice lawsuit filed by Nicholas T. Leger as Personal Representative for the Estate of Michael Thoemke and Daniel Thoemke, Individually against Presbyterian Healthcare Services for negligence resulting in the death of patient Michael Thoemke. After dismissing the Hospital from the suit with prejudice, Appellee moved to amend the Hospital's third-party complaint to seek substitution as third-party plaintiff in place of the Hospital. The Motion to Amend was granted, and Dr. Gerety and NMHI filed a Motion to Dismiss the third-party complaint on the grounds that NMSA 1978, Section 41-5-12 (1976) of the Medical Malpractice Act expressly prohibits assignment of the Hospital's indemnity claim, and the assignment is contrary to the common law of New Mexico. The district court denied the Motion, but granted Dr. Gerety's request for interlocutory appeal on the issue.

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