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FITZGERALD v. VALDEZ

No. 8208.

427 P.2d 655 (1967)

77 N.M. 769

Roy G. FITZGERALD, Executor Estate of Roy B. Fitzgerald, Plaintiff-Appellant, v. Alfred A. VALDEZ, Defendant-Appellee. Alfred A. VALDEZ, Third-Party Plaintiff-Appellant, v. Warren Lee FITZGERALD, Third-Party Defendant-Appellee.

Supreme Court of New Mexico.

Rehearing Denied May 25, 1967.

Attorney(s) appearing for the Case

J. Ernest Corey, Fred Nohl, Albuquerque, for appellant.

Modrall, Seymour, Sperling, Roehl & Harris, Frank H. Allen, John R. Cooney, Albuquerque, for third party plaintiff-appellant.

Keleher & McLeod, Russell Moore, Albuquerque, for appellee.

OPINION

WOOD, Judge, Court of Appeals.

The issues decided concern: (1) contributory negligence as a matter of law and (2) the family immunity doctrine.

Warren Lee Fitzgerald, son of Roy B. Fitzgerald, had difficulty in starting his car and asked his father for assistance. Twice his father, in his car, pushed Warren's car until it started. Warren's car stalled again. The father drove his car in front of his son's car and was between the two vehicles...

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