[Download] "Martinez v. Denko" by New Mexico Court of Appeals # Book PDF Kindle ePub Free
eBook details
- Title: Martinez v. Denko
- Author : New Mexico Court of Appeals
- Release Date : January 13, 1998
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 56 KB
Description
Certiorari granted, No. 25,301, August 19, 1998 APPEAL FROM THE DISTRICT COURT OF CIBOLA COUNTY WILLIAM A. SANCHEZ, District Judge {1} Defendant Showa Denko America, Inc. pursues this interlocutory appeal from an order denying its motion for summary judgment. Two issues are raised on appeal: (1) whether the district court erred in determining that the statute of limitations in product liability cases does not begin to run until Plaintiff knew or reasonably should have known that the cause of her injuries was due to her use of an allegedly defective product; and (2) if so, whether the district court erred in applying the discovery rule to the instant case. Although we conclude that the district court correctly ruled that the discovery rule may be applied to product liability cases, for the reasons discussed herein, we reverse the order denying the award of summary judgment. FACTS AND PROCEDURAL POSTURE