Claude v. THI of New Mexico ( 2013 )

This memorandum opinion was not selected for publication in the New Mexico Appellate Reports. Please see Rule 12-405 NMRA for restrictions on the citation of unpublished memorandum opinions. Please also note that this electronic memorandum opinion may contain computer-generated errors or other deviations from the official paper version filed by the Court of Appeals and does not include the filing date. 1 IN THE COURT OF APPEALS OF THE STATE OF NEW MEXICO 2 VIRGIL CLAUDE, 3 Plaintiff, 4 v. No. 32,602 5 THI OF NEW MEXICO AT 6 ALBUQUERQUE, LLC, D/B/A 7 SPECIALITY HOSPITAL OF 8 ALBUQUERQUE, HEALTHSOUTH 9 REHABILITATION HOSPITAL OF 10 NEW MEXICO, LTD., D/B/A 11 HEALTHSOUTH REHABILITATION 12 HOSPITAL, THE FOUR HUMOURS 13 HEALTHCARE, LLC and LISA S. NOYA 14 BURNETT, M.D., 15 Third-Party Plaintiffs/Appellants, 16 v. 17 WILLIAM MCCONNELL, M.D., LLC, 18 Third-Party Defendant/Appellee. 19 APPEAL FROM THE DISTRICT COURT OF McKINLEY COUNTY 20 John A. Dean, Jr., District Judge 21 Rodey, Dickason, Sloan, Akin & Robb, P.A. 22 R. Nelson Franse 23 Edward Ricco 1 Stephen R. Marshall 2 Albuquerque, NM 3 for Third-Party Plaintiffs/Appellants 4 Butt, Thornton & Baehr 5 W. Ann Maggiore 6 Albuquerque, NM 7 for Third-Party Defendant/Appellee 8 MEMORANDUM OPINION 9 VANZI, Judge. 10 {1} Summary affirmance was proposed for the reasons stated in the notice of 11 proposed summary disposition. No memorandum opposing summary affirmance has 12 been filed, and the time for doing so has expired. 13 {2} AFFIRMED. 14 {3} IT IS SO ORDERED. 15 __________________________________ 16 LINDA M. VANZI, Judge 17 WE CONCUR: 18 _________________________________ 19 MICHAEL D. BUSTAMANTE, Judge 20 _________________________________ 21 MICHAEL E. VIGIL, Judge 2