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AMICA MUTUAL INS. CO. v. McROSTIE

No. 25,432.

134 P.3d 773 (2006)

139 N.M. 486

2006-NMCA-046

AMICA MUTUAL INSURANCE COMPANY, a foreign corporation, Plaintiff-Appellant, and Diane Raleigh, Involuntary Plaintiff-Appellant, v. Gordon Peter McROSTIE, Defendant-Appellee.

Court of Appeals of New Mexico.

Certiorari Denied April 20, 2006.

Attorney(s) appearing for the Case

O'Brien & Ulibarri, P.C., Daniel P. Ulibarri, Beatriz Aguirre-Strong, Albuquerque, NM, for Appellants.

The Ross Firm, Gregory Ross, Santa Fe, NM, for Appellee.

Certiorari Denied, No. 29,723, April 20, 2006.

OPINION

SUTIN, Judge.

{1} New Mexico has a savings statute which states that once a suit has been commenced, if it "fail[s] . . . for any cause, except negligence in its prosecution," a second suit can be brought within six months and the second suit will be considered a continuation of the first suit. NMSA 1978, § 37-1-14 (1980). This statute has the effect of preventing a statute of limitations...

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