LOPER v. JMAR

No. 31,357.

311 P.3d 1184 (2013)

2013-NMCA-098

Dan LOPER d/b/a Rio Leche Dairy Co., Plaintiff-Appellant, v. JMAR, a New Mexico General Partnership, Defendant-Appellee.

Court of Appeals of New Mexico.

Certiorari Denied August 21, 2013.


Attorney(s) appearing for the Case

Felicia C. Weingartner , Law Offices of Felicia C. Weingartner, P.C., Albuquerque, NM, David A. Domina , Dominalaw Group PC LLO, Omaha, NE, for Appellant.

Gregory L. Biehler , Beall & Biehler, Albuquerque, NM, for Appellee.


OPINION

VIGIL, Judge.

{1} In this negligence case, the district court granted summary judgment to Defendant (JMAR) in two separate orders. First, the district court ruled that the doctrine of circuity of actions bars Plaintiff's claims. Secondly, the district court granted summary judgment when it ruled that the opinions of Plaintiff's expert on causation are not admissible as not being based on the facts of the case. We reverse both orders...

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