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LEGER v. LEGER

NO. S-1-SC-37450.

503 P.3d 349 (2021)

2022-NMSC-007

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-Petitioner, v. Richard Gerety, M.D., and New Mexico Heart Institute, Third-Party Defendants-Respondents.

Supreme Court of New Mexico.

Filing Date: December 2, 2021.

Attorney(s) appearing for the Case

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

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

OPINION

I. INTRODUCTION

{1} This opinion addresses the assignability of an indemnity claim under New Mexico's Medical Malpractice Act (MMA), NMSA 1978, §§ 41-5-1 to -29 (1976, as amended through 2021).1 The question before us is whether the nonassignability...

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