BUTCHER v. SAFEWAY STORES, INC.

No. 57.

435 P.2d 212 (1967)

78 N.M. App. 593

Robert J. BUTCHER, Individually and as father and next friend of Linda Butcher, Mark Butcher and Donald Butcher, Minors, and as personal representative of the Estate of Chris Butcher, Deceased, Plaintiff-Appellant, v. SAFEWAY STORES, INC., a corporation, Antonio S. Ortiz, Western Gillette, Inc., and Roy Hagmyer, Defendants-Appellees.

Court of Appeals of New Mexico.

November 21, 1967.


Attorney(s) appearing for the Case

E.H. Williams, Jr., James R. Crouch, Las Cruces, for plaintiff-appellant.

E. Forrest Sanders, Las Cruces, for Safeway Stores, Inc., and Antonio S. Ortiz.

Richard C. Civerolo, C. LeRoy Hansen, Albuquerque, for Western Gillette, Inc. and Roy Hagmyer.


OPINION.

WOOD, Judge.

The complaint sought damages for wrongful death and personal injuries resulting from a car-truck collision at an intersection. The trial court granted summary judgment in favor of the defendants. Plaintiff's appeal contends there were factual issues as to the negligence of defendants and thus summary judgment was improperly granted.

Summary judgment is proper when there is no genuine...

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