JONES v. GIBBERD

No. 8044.

421 P.2d 436 (1966)

77 N.M. 222

Laurie L. JONES, Plaintiff-Appellant, v. Eric W. GIBBERD and Young women's Christian Association, Albuquerque, New Mexico, a corporation, Defendants-Appellees.

Supreme Court of New Mexico.

Rehearing Denied January 3, 1967.


Attorney(s) appearing for the Case

McRae, Ussery, Mims, Ortega & Kitts, William E. Snead, Albuquerque, for appellant.

Keleher & McLeod, Michael L. Keleher, Albuquerque, for appellee, Gibberd.

Richard C. Civerolo, H.L. Cushing, C. LeRoy Hansen, Albuquerque, for appellee, Young Women's Christian Assn.


OPINION

COMPTON, Justice.

This is an action by an invitee for personal injuries sustained in a fall into a step-down fireplace, and, from an order granting summary judgment, the plaintiff appeals.

We are committed to the rule that in considering a motion for summary judgment for the defendant the evidence must be considered in its most favorable aspect in favor of the plaintiff, and if there is any doubt as to the facts, summary judgment should be...

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