Contact Us Today 505-226-3205

Cases and Results

Court of Appeals sides with Gauthier & Maier Law Firm's Clients on Nursing Home Arbitration Dismissal

January 2023

In Lobato et al. v. Albuquerque Heights Healthcare and Rehabilitation Center, LLC et al., A-1-CA-40552, the Court of Appeals sided with Gauthier & Maier Law Firm and its clients and reversed a district court's dismissal order regarding a Nursing Home Arbitration contract and remanded back to the Second Judicial District Court. This case involves the wrongful death of Adam Lobato by the negligence of nursing home staff and doctors following a fall right after a double amputation. The nursing home was relying on a questionable arbitration contract signed weeks before the double amputation of the decedent's feet. The arbitration contract was created while the decedent was overly medicated by the facility and from his pain that he did not even know the name of his children and wife. The Court of Appeals held that the appropriate standard was to treat the motion as a summary judgment motion, as argued by Gauthier & Maier Law Firm, and that the evidence presented called into question the formation of the arbitration contract and that an appropriate request for discovery had been made by Gauthier & Maier Law Firm. P.C. We look forward to continuing this case in litigation in New Mexico's Second Judicial District Court and to receive the justice owed to Adam Lobato and his family. 

Practice area(s): Appeals, Medical Malpractice

Court: New Mexico Court of Appeals

Shane Maier

Attorney Shane Maier has been a successful attorney as a prior defense attorney and for the last few years representing injured parties. His experience includes obtaining successful results at trial for personal injury cases and providing great results for his clients. Mr. Maier takes on some of ...

Contact Us Today

Gauthier & Maier Law Firm is committed to answering your questions about Motor Vehicle Accidents, Medical Malpractice and Civil Rights law issues in New Mexico.

We'll gladly discuss your case with you at your convenience. Contact us today to schedule an appointment.