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LEGER v. LEGER

No. A-1-CA-35807.

444 P.3d 1036 (2018)

2019-NMCA-033

Nicholas T. LEGER as Personal Representative for the Estate of Michael Thoemke and Daniel Thoemke, Individually, Plaintiffs, v. Nicholas T. LEGER as Assignee of Presbyterian Healthcare Services, and John or Jane Does 1-5, Defendants/Third-Party Plaintiffs-Appellees, v. Richard Gerety, M.D., and New Mexico Heart Institute, Third-Party Defendants-Appellants.

Court of Appeals of New Mexico.

Certiorari Granted, April 8, 2019, S-1-SC-37450.

Released for Publication July 23, 2019.

Attorney(s) appearing for the Case

The Vargas Law Firm, LLC, Ray M. Vargas, II , Albuquerque, NM, Carter & Valle Law Firm, Richard J. Valle , Criostoir O'Cleireachain , Albuquerque, NM, for Appellees.

Lorenz Law, Alice T. Lorenz , Albuquerque, NM, Atwood, Malone, Turner & Sabin, P.A., Lee M. Rogers , Carla Neusch Williams , Roswell, NM, for Appellants.

OPINION

{1} This interlocutory appeal presents a question of first impression concerning assignment of claims for compensation covered by the Medical Malpractice Act (the MMA or the Act), NMSA 1978, §§ 41-5-1 to -29 (1976, as amended through 2015). In the litigation below, plaintiffs sued a hospital...

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