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BUSH v. THOMAS

No. 15101.

888 P.2d 936 (1994)

119 N.M. 54

Mary BUSH, as Personal Representative of the Estate of Janice Bush, Plaintiff-Appellee, v. Harry THOMAS, D.O., Defendant-Appellant, v. Casey RAMIREZ, Third-Party Defendant.

Court of Appeals of New Mexico.

Certiorari Denied January 5, 1995.

Attorney(s) appearing for the Case

Narciso Garcia, Jr., Albuquerque, for plaintiff-appellee.

Cynthia A. Fry, Harold Worland, Albuquerque, for defendant-appellant.

OPINION

APODACA, Judge.

Defendant Dr. Harry Thomas (Defendant) appeals a judgment after a jury verdict finding him liable for negligent spoliation of evidence. Defendant raises the following issues on appeal: (1) whether New Mexico should recognize the tort of negligent spoliation of evidence; (2) if New Mexico does recognize this cause of action, whether the claim failed in this case because Plaintiff Mary Bush (Plaintiff), as personal representative...

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