A Sampling of Cases That Have Been Successfully Litigated by Almanzar & Youngers, P.A., or Are Currently Pending:
Personal Injury Cases
Veronica Alvarez, Individually and as Parent and Next Friend of Alex Ramirez and Maria Altimirano vs. Paul and Melissa Mason, d/b/a Southern Sun Properties, Milliken Construction Co., Inc., Jose B. Flores, d/b/a Flores Valley Plumbing, The Housing Authority of the City of Las Cruces and the Housing Authority of Doña Ana County, Third Judicial District Court, New Mexico, CV 2007-2668.
Summary: A little boy was severely burned when a stove at his family’s rental home tipped over, sending a pot of hot liquid onto his back. We represent the boy and his family.
Dianna Parra, as Parent and Next Friend of Serena Carrizosa, Diane Patterson and Josephine Marrufo v. Wal-Mart Stores East, Inc. and Leslie Williams,Second Judicial District Court, New Mexico, CV2008-449.
Summary: A four-year old girl was shot at a Wal-Mart store when Wal-Mart security accosted a shoplifter. We represent the family in this action for injuries based on negligent security.
Bryan Scott Robb, Debra Robb, Mark Quick and Calvin Tripp vs. The City of Alamogordo, Groendyke Transport, Inc. and Professional Service Group, Inc., Twelfth Judicial District Court, New Mexico, CV 2001-400.
Summary: We represented the plaintiffs in this catastrophic injury case that resulted from a chemical explosion.
Martin and Maribel Quezada vs. Vista Corrugated, Inc., Garland & Loman, Inc., American Steam, Inc., and Sunset West, Inc.; Third Judicial District Court, New Mexico, CV 99-940.
Summary: Martin Quezada, a painter, suffered serious burns as a result of dangerous condition at a factory where his employer had assigned him to work. We brought suit for his injuries and for his wife’s loss of consortium.
Richard T. and Cynthia Arzabal vs. Ford Motor Company and Farmer's Insurance Group of Companies, et al., Third Judicial District Court, New Mexico, CV 95-492.
Summary: Our client was rendered quadriplegic when the rear differential in the tow-truck he was driving failed and caused it to roll over. We sued the truck manufacturer for products liability. We also sued Farmer’s Insurance for destruction of evidence.
Wrongful Death Cases
Sylvia Avalos, Individually, as Personal Representative of the Estate of Adam Avalos and in her capacity as Parent and Next Friend of Ariel Avalos and Adam Avalos, Jr., v. Board of County Commissioners of Doña Ana County, New Mexico and Chris Barela and Duncan Blackburn, in their individual capacities, United States District Court, District of New Mexico, CV-06-00836 RB/LAM.
Summary: A young man was murdered at the Doña Ana County Detention Center by an inmate. We successfully pursued a wrongful death and civil rights action on behalf of his family.
Veronica J. Madrid, Individually and in her capacity as Personal Representative of the Estate of Michael J. Madrid vs. New Mexico State Highway and Transportation Department, Third Judicial District Court, New Mexico, CV 02-499.
Summary: Michael Madrid died when he hit a cow on a New Mexico highway. His wife was injured in the same accident. We settled claims against the rancher who owned the cow and successfully sued the highway department for failure to properly maintain the fence along the right-of-way.
Kathleen Ann Aylsworth, as Personal Representative of the Estate of Russell Scott Aylsworth vs. General Tire, Inc., and Discount Tire Co. of Texas, Inc., Third Judicial District Court, New Mexico, CIV 94-0155 MV.
Summary: Russell Aylsworth died when he lost control of his vehicle after the tread pealed off a tire. On behalf of his wife, we successfully pursued a products liability lawsuit against the tire manufacturer and distributor.
Employment and Civil Rights Cases
Mu’Ammar Ali, Anthony Thompson, Vincent Thompson and Jacob Wallace v. Hal Clay Mumme, in his individual capacity, United States District Court, District of New Mexico, CV-06-794 RLP/WPL.
Summary: We represented four Muslim football players in claims of discrimination based on their religion. The case settled shortly before trial.
Verl Le Flore v. Carlsbad Irrigation District; Carlsbad Project; John Does I-X and Jane Does I-X; Black & White Corporations I-X, United States District Court, District of New Mexico, CV 2007- 915 BRB/KBM.
Summary: We have defended the Carlsbad Irrigation District in claims of racial discrimination.
Meah Desmare and Norma Garnand v. State of New Mexico and Ted McCutcheon, United States District Court, District of New Mexico, CIV 2007-199, JB/RHS.
Summary: We represented two women who worked at a magistrate court in claims of sexual harassment and retaliation.
Neil N. McCarthy vs. The Board of Regents of New Mexico State University, et al., United States District Court, District of New Mexico, CIV 97-1480 BB/RLP.
Summary: Neil McCarthy was a successful basketball coach for many years at New Mexico State University (NMSU). We brought suit on his behalf after his contract was breached and after NMSU removed him from his coaching position.
Renea M. Hect vs. Raytheon Company, United States District Court, District of New Mexico, CIV 99-0076 LCS/KBM-ACE.
Summary: Renea Hect was the first female missile mechanic for Raytheon. We represented her in a lawsuit for sexual harassment and retaliation.
Maria A. Medrano vs. The Board of County Commissioners of the County of Doña Ana, New Mexico, and Enrique Gonzalez, Jr., United States District Court, District of New Mexico, CIV 93-189 M/JHG.
Summary: Our client contended that she was raped by a county commissioner. We brought suit on her behalf against the County for sexual harassment, sexual battery and related claims.
Qui Tam Litigation
United States of America, ex rel. Edward J. Burlbaw and ex rel. Donald D. Bustamante v. J. Michael Orenduff in his individual capacity, William Conroy, in his individual capacity, Robert E. Weigle, in his individual capacity, Linda Davidson, the Personal Representative of the Estate of Thomas Davidson, in his individual capacity, Donald Birx, in his individual capacity, and Miriam A. Gerber Meyer, in her individual capacity, Tenth Circuit Court of Appeals, 05-2393 and 06-2006.
Summary: We represent two whistleblowers who have been named as relators. In that capacity, we brought suit under the False Claims Act based on allegations of false information used to induce millions of dollars worth of federal research contracts.
Insurance and Commercial Litigation
Henry and Rosa Cabrera, as Parents and Guardians of Angela Y. Cabrera vs. National Foundation Life Insurance Company; Third Judicial District Court, New Mexico, CV 91-319.
Summary: Our clients’ insurance company refused to pay a claim which arose out of treatment for their adolescent daughter. We brought a lawsuit for insurance bad faith and related claims. The jury awarded significant compensatory and punitive damages.
K-2 Technologies, L.L.C. also d/b/a NMS Technologies, L.L.C. and Gold Hill Mesa Joint Venture, L.L.C., Individually and as Successor to Environmental Remediation Services, L.L.C. vs. The Board of Regents of New Mexico State University; Third Judicial District Court, New Mexico, CV 2000-585.
Summary: We represented several entities comprised of investors that contracted with New Mexico State University to develop technology to remediate and extract precious metals from mine tailings. Suit was brought when the project went awry and the investors discovered that they had relied on inaccurate information. The case was settled before trial.
