LESTER EX REL. MAVROGENIS v. HALL

No. 24,653.

970 P.2d 590 (1998)

126 N.M. 404

1998-NMSC-047

Barbara LESTER, by and through her guardian and conservator, Leo MAVROGENIS, Plaintiff, v. E.B. HALL, M.D., Defendant.

Supreme Court of New Mexico.

November 23, 1998.


Attorney(s) appearing for the Case

Plotsky & Dougherty, P.C., David L. Plotsky, Albuquerque, for plaintiff.

Rodey, Dickason, Sloan, Akin & Robb, P.A., Mark C. Meiering, Albuquerque, for defendant.

Miller, Stratvert & Torgerson, P.A., Alice Tomlinson Lorenz, Albuquerque, for Amicus N.M. Medical Society.

William H. Carpenter, Michael B. Browde, Albuquerque, for Amicus N.M. Trial Lawyers Association.


OPINION

SERNA, Justice.

8B1} Plaintiff Barbara Lester, a third party non-patient, alleges that Defendant physician E.B. Hall's negligent treatment of his patient, Merlin Andersen, caused Andersen to injure Lester in an automobile accident. The United States District Court for the District of New Mexico certified the case to this Court pursuant to Rule 12-607 NMRA 1998 (certification from federal courts) on the question of whether Hall owes a legal duty to...

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