ROMERO v. BACHICHA

No. 21,351.

28 P.3d 1151 (2001)

130 N.M. 610

2001-NMCA-048

Joe ROMERO, as Personal Representative of the Estate of John Herrera, Plaintiff-Appellant, v. Paul BACHICHA, Defendant-Appellee.

Court of Appeals of New Mexico.

June 28, 2001.


Attorney(s) appearing for the Case

Kevin Martinez, Walter K. Martinez Law Office, Albuquerque, NM, and Anthony Apodaca, Apodaca Law Firm, Los Lunas, NM, for Appellant.

Thomas R. Mack, Miller, Stratvert & Torgerson, P.A., Albuquerque, NM, for Appellee.


OPINION

PICKARD, Judge.

{1} This case involves the statute of limitations, exercising due diligence in service, and amending complaints to correct party names. Eight days before the statute of limitations ran, Plaintiff filed a complaint for personal injuries. In his complaint, Plaintiff identified Defendant by the wrong first name. As a result, the process server refused to serve the complaint. Nonetheless, Plaintiff waited nearly eleven months to...

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