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NM Court of Appeals Schedules February 21, 10:00 AM Hearing

February 2, 2018 - Logan Migliore

COA LogoThe New Mexico Court of Appeals has scheduled a hearing at the Pamela B. Minzner Law Center on Wednesday, February 21, 2018. The oral argument is open to the public and begins at 10:00 A.M.

A three-judge panel will preside: Judge Linda M. Vanzi (’95), Judge M. Monica Zamora (’87), and Judge Julie J. Vargas (’93).

Following are the details of the case:

ALICIA MONTOYA, AS PERSONAL REPRESENTATIVE OF THE ESTATE OF ADRIAN ARCHULETA, Plaintiff-Appellant, represented by Mark Fine

v.

WALGREEN CO., Defendant Appellee, represented by Jocelyn Drennan and Brenda Saiz

Plaintiff-Appellant is the sister of decedent, Adrian Archuleta, and personal representative of his estate. Mr. Archuleta died of methadone toxicity as a result of an accidental overdose on March 23, 2010. Plaintiff-Appellant claimed that Defendant-Appellee committed the torts of negligence and negligence per se by selling Mr. Archuleta large quantities of a dangerous combination of drugs despite the fact that, through its agents, it knew or should have known that the quantity and combination of drugs posed a high risk of overdose to Mr. Archuleta, whom the Pharmacy also knew or should have known was abusing the medications. The question presented is whether the District Court erred in granting summary judgment in favor of Defendant-Appellee on the issue of proximate cause

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