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BACA v. MARQUEZ

No. 8482.

737 P.2d 543 (1987)

105 N.M. 762

Maria Concepcion BACA, Personal Representative of the Estate of Felix Vallejos Baca, Deceased, Plaintiff-Appellant, v. Ramon MARQUEZ, M.D. and Russell H. Kesselman, M.D., Defendants-Appellees.

Court of Appeals of New Mexico.

Certiorari Quashed May 21, 1987.

Attorney(s) appearing for the Case

Mary L. Vermillion, Aguilar, Vermillion & Kirkwood, Albuquerque, for plaintiff-appellant.

W. Robert Lasater, Jr., Ellen G. Thorne, Rodey, Dickason, Sloan, Akin & Robb, P.A., Albuquerque, for defendant-appellee Ramon Marquez, M.D.

Alice Tomlinson Lorenz, Miller, Stratvert, Torgerson & Brandt, P.A., Albuquerque, for defendant-appellee Russell H. Kesselman, M.D.

William H. Carpenter, Carpenter Law Offices, Ltd., Albuquerque, for New Mexico Trial Lawyers Ass'n amicus curiae.

OPINION

GARCIA, Judge.

Plaintiff appeals from the trial court's assessment of costs in proportion to the percentages of negligence found by the jury.

FACTS

Plaintiff's claim for medical malpractice was tried to a jury which determined that plaintiff's decedent was 80% negligent, defendant Ramon Marquez, M.D., was 15% negligent and defendant Russell H. Kesselman, M.D., was 5% negligent.

Plaintiff subsequently filed a cost bill. Defendant...

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