Reported Cases

City of Artesia v. Carter, 94 N.M. 311, 610 P.2d 198 (N.M. App. Jan 8, 1980);

Ben Ezra, Weinstein and Company, Inc. v. America Online Inc., 206 F.3d 980, 46 Fed.R.Serv.3d 35, 28 Media L. Rep. 2185, 2000 CJ C.A.R. 1379, 20 Communications Reg. (10th Cir), Mar 14, 2000);

Sanchez v. Saylor, 129 N.M. 742, 13 P.3d 960, 2000-NMCA-099 (N.M. App., Aug 1, 2000);

Smith v. Ingersoll-Rand Co., 214 F.3d 1235, 54 Fed. R. Evid. Serv. 1050, 2000 CJ C.A.R. 3253 (10th Cir.(N.M.), Jun 07, 2000) (NO. 96-2340);

New Mexico Water Quality Control Com’n v. Emerald Corp., Inc., 113 N.M. 144, 823 P.2d 944 (N.M. App., Nov 22, 1991);

Warner v. Calvert, 2011-NMCA-028, 150 N.M. 333, 258 P.3d 1125;

Delfino v. Griffo, 2011-NMSC-015, 150 N.M. 97, 257 P.3d 917;

Sparta Ins. Co. v. Carrillo, 2017 U.S. Dist. LEXIS 191478 (D. N.M., Nov. 20, 2017);

Cases

2024 George Patrick Alderete, Executor of the Estate of George C. Alderete, deceased, and Copper Solutions and Services, LLC., Plaintiffs, and Cecilio Duran Medina, Intervenor v. Sparta Insurance Company, American Claims Management, Inc., Civerolo, Gralow & Hill, P.A., Lance D. Richards, Esq. and Justin L. Robbs, Inc., Defendants. George C. Alderete and Copper Solutions and Services filed this legal malpractice and bad faith insurance case in 2017. Mr. Aguilar is proud to have co-counseled this case with Daymon B. Ely, Esq., Law Office of Daymon Ely, Julie M. Christensen, Esq. and Michael A. McCabe, Esq., Munck Wilson Firm in Dallas, Texas and Alice T. Lorenz, Esq., Lorenz Law. This settlement is confidential.

2023 Vinay Shet, M.D. Plaintiff V. Lowis & Gellen, LLP D/B/A L & G Law Group LLP., John Drazkowski, Esq. Bryan Larsen, Esq. Sean Donlan, Esq. Carla Neusch Williams, Esq. Lee M. Rogers, Jr., Esq. Atwood Malone, Turner & Sabin, P.A., Apogee Medical Group , Inc. D/B/A Apogee Physicians or Apogee Medical Group (AMG) or Apogee Medical Group New Mexico (AMGNM), Rob Blasio, Cherokee Guarantee Company, Inc., A Risk Retention Group and Michael Gregory, Individually and Director, Officer and Shareholder of AMB and a Director of Cherokee, Defendants. Mr. Aguilar is proud to have co-counseled this matter with Daymon B. Ely, Esq., Law Office of Daymon Ely. The settlement is confidential.

2022 Karen Finkelstein, M.D. and Southwest Women’s Oncology, P.C. Formerly Southwest Gynecologic Oncology Associates, Inc. V. John E. Heer, III and Laflin, Pick & Herr, P.C. Dr. Finkelstein and Southwest Women's Oncology, P.C. filed this lawsuit for legal malpractice. Mr. Aguilar is proud to have co-counseled this matter with Daymon B. Ely, Esq., Law Office of Daymon Ely. The settlement is confidential.

2022 Alice T. Lorenz, Esq V. James S. Bromberg, J.D. M.D. and Corbin P. Hildebrandt, Esq., A Professional Corporation. Alice T. Lorenz, Esq. filed attorney charging liens to protect and recover fees owed by Defendants in related cases and filed her complaints to enforce her charging liens. Mr. Aguilar is proud to have co-counseled the trial of this matter with Daymon B. Ely, Esq., Law Office of Daymon Ely. This case was resolved by a published opinion. This case went to trial resulting in a judgment for over $1.3 million. After various post-trial motions the case was appealed to the New Mexico Court of Appeals. The New Mexico Court of Appeals affirmed the verdict in 2022.

2014 Michael Sherman V. Hotel St. Francis, LLC., and Heritage Hotel and Resorts, Inc. Michael Sherman filed this premises liability and liquor liability case against Hotel St. Francis LLC and Heritage Hotel and Resorts, Inc. resulting from allegations that the Secreto Bar Lounge at the Hotel St. Francis in Santa Fe, New Mexico over-served alcohol to Michael Sherman from approximately 5:30 pm until 11:10 pm. He was subsequently found paralyzed on the third floor of the Hotel St. Francis. This case was filed in Santa Fe County, New Mexico. Mr. Aguilar was proud to serve as Co-Counsel and local counsel with Michael A. Kelly, Esq., Richard Schoenberger, Esq., and Andrew P. McDevitt, Esq. from the Walkup, Melodia, Kelly & Schoenberger firm in San Francisco, California. Settlement is confidential.

2011. Delfino V. Griffo, Et. Al. Gina Delfino, Individually, and as Personal Representative of the Estate of Manuel Delfino, and as Parent and Next Friend of Domonic Sena and Gabriel Delfino, Minors, and Domonic Sena, Individually filed this liquor liability case against various taverns and bars, and pharmaceutical companies and representatives, who had “wined and dined” representatives of a doctor’s office over at least a six-hour period of time, during which one of the representative accompanied the doctor’s employee to at least three different taverns or bars. The doctor’s representative later crashed into Ms. Delfino’s car tragically killing Manuel Delfino. Numerous claims were resolved against various bars and the intoxicated driver. The trial court dismissed the complaint against the pharmaceutical defendants finding the pharmaceutical representatives did not owe a duty to Ms. Delfino, or her decedent, Manual Delfino. The New Mexico Supreme Court reversed the trial court’s decision and re-instated Ms. Delfino’s case, finding that a duty existed, and the case subsequently settled for a confidential amount. This is a published opinion. Delfino v. Griffo, 2011-NMSC-015, 150 N.M.97, 257 P.3d 917 (2011).

2012 Ramon Solis and Roberta Solis, Individually and as Personal Representative(s) of the Estate of Robert Solis, Deceased V. Roswell Hospital Corporation D/B/A ENMMC New Mexico Medical Center, Eurocopter, S.A. and American Eurocopter LLC., F/K/A American Eurocopter Corporation. Ramon and Roberta Solis filed this complaint for wrongful death, negligence and other theories in 2004 resulting from the death of Robert Solis, a New Mexico State Police Officer, and two other New Mexico State Police Officer in crash of a Eurocopter AS-350-B2 in Chaves County, New Mexico on October 19, 2021. Mr. Aguilar is proud to have co-counseled this case with James T. Crouse, Esq. Crouse Law Offices, PLLC. The settlement is confidential.

2010. Russell and Kim Cargo v. Luther Construction Company, a New Mexico Corporation, Diversified Interiors of Amarillo, Inc., a Texas Corporation, United Rentals, Inc. a corporation, United Rentals Northwest, Inc., a corporation, Skyjack, Inc. a Canadian Corporation and Linamar Corporation, a Canadian Corporation. Russell and Kim Cargo filed this product liability, breach of contract and negligence case involving a fall from a scissor lift that occurred Settlement is confidential.