In this lawsuit, the plaintiff filed a complaint for personal injury and damages more than three years after she fell at a grocery store in 2018. The plaintiff had previously visited medical professionals for her injuries relating to the fall, but none of them found significant injuries. The plaintiff relied on the discovery rule, alleging she did not become aware of the extent of her injuries from the fall until 2021 after receiving an MRI of her knee. 

Mayer attorney David Larsen (assisted by Efrain Cantu) argued that the discovery rule did not apply in this case for two reasons. First, because the discovery rule only applies to cases of professional negligence such as legal or medical malpractice, and secondly, because the plaintiff was knowledgeable of the necessary facts to assert her claims immediately following the date of the incident. 

The Court agreed with the defense that the plaintiff was aware of the injury before the expiration of the statute of limitations and that the discovery rule did not apply in this case. The New Mexico Ninth Judicial Court granted our client’s motion to dismiss the plaintiff’s first amended complaintand the case in its entirety with prejudice.