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BLEA v. FIELDS

No. 28,740.

120 P.3d 430 (2005)

138 N.M. 348

2005-NMSC-029

Stella BLEA, Plaintiff-Appellant, v. Roderick FIELDS, M.D., Defendant-Appellee.

Supreme Court of New Mexico.

August 15, 2005.

Attorney(s) appearing for the Case

Roger Eaton, Eaton, Martinez & Hart, P.C., Michael J. Doyle, Albuquerque, for Appellant.

Reeves, Chavez, Albers, Anderson & Montes, P.A., William R. Anderson, Las Cruces, for Appellee.

OPINION

CHAVEZ, Justice.

{1} In this medical negligence case we are asked to clarify the state of the law in New Mexico regarding a party's entitlement to a jury trial in a case that involves both legal and equitable claims. The following question was certified to us by the Court of Appeals pursuant to Rule 12-606 NMRA 2005 and NMSA 1978, Section 34-5-14(C) (1972): "Whether a party is entitled to a jury trial where proper and timely demand has been made...

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