BARTLETT v. NEW MEXICO WELDING SUPPLY, INC.

No. 5361.

646 P.2d 579 (1982)

98 N.M. 152

Jane BARTLETT and Floyd Bartlett, her husband, Plaintiffs-Appellees, v. NEW MEXICO WELDING SUPPLY, INC., a New Mexico corporation, Defendant-Appellant.

Court of Appeals of New Mexico.

Certiorari Denied June 17, 1982.


Attorney(s) appearing for the Case

Lowell Stout, Stout & Stout, Hobbs, and Sarah M. Singleton, Singleton & Roberts-Hohl, Santa Fe, for defendant-appellant.

B.G. Davis, Dick A. Blenden, Paine, Blenden, Diamond & Davis, Carlsbad, for plaintiffs-appellees.


OPINION

WOOD, Judge.

This comparative negligence case presents two issues: (1) whether a tortfeasor is liable for all of the damages caused by concurrent tortfeasors under a theory of joint and several liability; and (2) whether the percentage of fault of a nonparty concurrent tortfeasor is to be determined by the fact finder.

The automobile accident involved three vehicles. The car in front of plaintiffs' car signaled a right hand turn. This lead...

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