Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Garcia v. Doe

United States District Court, D. New Mexico

December 7, 2018

ROSE GARCIA, Plaintiff,
v.
JOHN DOE, Insurance Agent and SAFECO INSURANCE COMPANY, Defendants.

          MEMORANDUM OPINION AND ORDER GRANTING DEFENDANT SAFECO INSURANCE COMPANY'S MOTION FOR PARTIAL SUMMARY JUDGMENT AS TO ISSUE OF EXCLUSION OF FUTURE MEDICAL DAMAGES FROM TRIAL

         THIS MATTER comes before the Court upon Defendant Safeco Insurance Company's Motion for Summary Judgment (Doc. 30), filed on July 9, 2018.[1] Defendant Safeco Insurance Company (“Safeco Insurance Co.” or “Safeco”)[2] 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.

         UNDISPUTED FACTS

         1. 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.

         2. 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, ¶ 6.

         3. Plaintiff resolved the claims against the driver by accepting an offer of policy limits. Doc. 1, Ex. 1, ¶ 7.

         4. 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.

         5. 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.

         6. 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.

         7. Plaintiff was, at the time of filing, a resident of the State of New Mexico. Doc. 1.

         8. 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.

         9. Safeco Insurance Co. has taken the position that New Mexico law governs this case. Doc. 14 at 2.

         10. Plaintiff's deposition was taken on May 25, 2018. Doc. 30, Ex. 1.[3]

         11. 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.

         12. 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.

         13. 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.

         14. Plaintiff testified in her deposition that she has experienced “minor back pain” that is “steady” for ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.