United States District Court, D. New Mexico
MEMORANDUM OPINION AND ORDER GRANTING DEFENDANT
SAFECO INSURANCE COMPANY'S MOTION FOR PARTIAL SUMMARY
JUDGMENT AS TO ISSUE OF EXCLUSION OF FUTURE MEDICAL DAMAGES
MATTER comes before the Court upon Defendant Safeco
Insurance Company's Motion for Summary
Judgment (Doc. 30), filed on July 9,
2018. Defendant Safeco Insurance Company
(“Safeco Insurance Co.” or
“Safeco”) seeks exclusion of future medical damages
from trial in this matter, pursuant to Federal Rule of Civil
Procedure 56(a). Having considered the parties' pleadings
and the applicable law, the Court finds that the Motion is
well-taken and, therefore, is GRANTED.
Plaintiff Rose Garcia (“Plaintiff”) commenced
this action as a Petition for Declaratory Judgment in the
Fifth Judicial District of New Mexico, naming Safeco
Insurance Company and John Doe, an Insurance Agent, as
Defendants. Doc. 1, Ex. 1.
Plaintiff was involved in an automobile accident on or about
July 6, 2014 with a driver whom she alleges had inadequate
insurance coverage to cover her damages. Doc. 1, Ex. 1,
Plaintiff resolved the claims against the driver by accepting
an offer of policy limits. Doc. 1, Ex. 1, ¶ 7.
Plaintiff made a demand on Safeco Insurance Co. and John Doe
pursuant to the insurance contract for the payment of damages
that she alleges were not adequately recovered from the
driver. Doc. 1, Ex. 1, ¶ 8.
Plaintiff has alleged damages in the amount of $175, 000,
making a demand for policy limits, from
uninsured/underinsured motorist coverage from Defendant
Safeco Insurance Co. based on state law claims, including
breach of contract. Doc. 1.
Defendant Safeco Insurance Co. removed this action to the
United States District Court for the District of New Mexico
(Doc. 1) on September 28, 2017.
Plaintiff was, at the time of filing, a resident of the State
of New Mexico. Doc. 1.
Safeco Insurance Co. was, at the time of filing, a foreign
corporation incorporated under the laws of the State of New
Hampshire, with its principal place of business in Seattle,
Washington. Doc. 1.
Safeco Insurance Co. has taken the position that New Mexico
law governs this case. Doc. 14 at 2.
Plaintiff's deposition was taken on May 25, 2018. Doc.
30, Ex. 1.
Plaintiff was not represented by counsel at the time of her
deposition and counsel did not attend her deposition on her
behalf. Doc. 38 at 3; Docs. 8, 31, 40.
Plaintiff does not dispute that “she has not returned
to see any doctor after the injection on February 28,
2015.” Doc. 38 at 3; Dep. at 5:12-20; 6:10-12.
Plaintiff testified at her deposition that she had not
consulted with an expert to provide an opinion in her case.
Dep. at 6:17-7:3.
Plaintiff testified in her deposition that she has
experienced “minor back pain” that is
“steady” for ...