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CLARK v. LOVELACE HEALTH SYSTEMS, INC.

No. 23,829.

99 P.3d 232 (2004)

136 N.M. 411

2004-NMCA-119

Charles H. CLARK, Sr., and Bob Ann roller, as co-personal representatives of the Estate of Charles H. Clark, Jr., deceased, Plaintiffs-Appellants, v. LOVELACE HEALTH SYSTEMS, INC., a New Mexico Corporation, Oswaldo Pereira, M.D., Clifford Brasher, M.D., Defendants, and Johnson & Johnson, Inc., a New Jersey Corporation, Janssen Pharmaceutica, Inc., a New Jersey Corporation, Defendants-Appellees.

Court of Appeals of New Mexico.

August 27, 2004.

Attorney(s) appearing for the Case

Bill Chappell, Jr., Michael Hoeferkamp, Chappell Law Firm, P.A., Albuquerque, NM, for Appellants.

Deborah A. Solove, Miller, Stratvert & Torgerson, P.A., Douglas G. Schneebeck, Timothy C. Holm, Modrall, Sperling, Roehl, Harris & Sisk, P.A., Albuquerque, NM, for Appellees.

OPINION

ALARID, Judge.

{1} Plaintiffs appeal the dismissal of their civil complaint brought on behalf of Decedent for medical malpractice, wrongful death, and strict products liability. Below, Defendants moved to dismiss the complaint because it was filed after the three-year statute of limitations had run under NMSA 1978, § 41-2-2 (1961) (Wrongful Death statute). Plaintiffs argued below that a discovery rule should apply to the statute of limitations...

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