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PAYNE v. HALL

No. 22,383.

98 P.3d 1030 (2004)

136 N.M. 380

2004-NMCA-113

Kimberly J. PAYNE, Plaintiff-Appellant/Cross-Appellee, v. Thomas HALL, M.D., and Curtis W. Boyd, M.D., a Professional Corporation, Defendants-Appellees/Cross-Appellants.

Court of Appeals of New Mexico.

Certiorari Granted October 1, 2004.

Attorney(s) appearing for the Case

Clay H. Paulos, Ian D. McKelvy, Sanders, Bruin, Coll & Worley, P.A., Roswell, NM, for Appellant.

Michelle U. Estrada, Michael W. Brennan, Madison, Harbour, Mroz & Brennan, P.A., Albuquerque, NM, for Appellees.

Certiorari Granted, No. 28,832, October 1, 2004.

OPINION

CASTILLO, Judge.

{1} In this case, we decide whether an alleged original tortfeasor may claim that the alleged successive tortfeasor was the sole proximate cause of a plaintiff's injury. Plaintiff Kimberly J. Payne sued Defendants Thomas Hall, M.D., (Dr. Hall) and the medical clinic Curtis W. Boyd, M.D., P.C., (clinic) for negligence in performing...

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