AI Generated Opinion Summaries

This summary was computer-generated without any editorial revision. It is not official, has not been checked for accuracy, and is NOT citable.

Facts

• In 2009, a tenant renting a vacation home fell from a deck built in 2000 by an unlicensed contractor, resulting in personal injury. The tenant sued the lessor in 2011, and after a prolonged discovery process, the builder's identity was disclosed in 2013, post the statute of limitations for personal injury claims. The tenant then amended the complaint to include the builder, seeking damages and arguing for the application of equitable tolling and equitable estoppel to extend the statute of limitations due to the builder's unlicensed status and failure to secure a construction permit (paras 1-3).

Procedural History

• Little v. Jacobs, 2014-NMCA-105, 336 P.3d 398: The Court reversed the district court’s dismissal of the case, holding that an unlicensed contractor cannot benefit from the statute of repose contained in NMSA 1978, Section 37-1-27 (1967) (para 3).

Parties' Submissions

• Plaintiff-Appellant: Argued that equitable tolling and equitable estoppel should apply due to the builder's failure to obtain a license and building permit, which concealed his identity and prevented the filing of the claim within the statute of limitations (paras 4, 10-11).
• Defendant-Appellee: Contended that the statute of limitations had expired before being named as a defendant, and neither the discovery rule nor equitable doctrines applied to extend the statute of limitations for the plaintiff's personal injury claims (paras 4, 8).

Legal Issues

• Whether the statute of limitations for personal injury claims expired before the builder was named as a defendant.
• Whether equitable tolling or equitable estoppel applies due to the builder's unlicensed status and failure to secure a construction permit.

Disposition

• The district court's order granting summary judgment in favor of the builder was affirmed, dismissing the tenant’s claims against the builder (para 33).

Reasons

• The Court concluded that the builder made a prima facie case for summary judgment based on the statute of limitations. The tenant failed to demonstrate sufficient diligence in pursuing the builder's identity or that extraordinary circumstances prevented the discovery of the builder's identity. The Court found no basis for applying equitable tolling or equitable estoppel, noting that the tenant did not rely on any representations by the builder to his detriment and failed to establish that the builder's unlicensed status or failure to secure a permit constituted fraudulent concealment. The Court also highlighted New Mexico's strong policy against unlicensed contractors but declined to extend this policy to preclude the builder from asserting the statute of limitations defense (paras 6-32).