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PERRY v. COLOR TILE OF NEW MEXICO

No. 371.

464 P.2d 562 (1970)

81 N.M. 143

Willie May PERRY, Plaintiff-Appellant, v. COLOR TILE OF NEW MEXICO, a corporation, Defendant-Appellee.

Court of Appeals of New Mexico.

January 16, 1970.

Attorney(s) appearing for the Case

William F. Aldridge, Benjamin K. Horton, Horton & Aldridge, Albuquerque, for appellant.

Robert G. McCorkle, Rodey, Dickason, Sloan, Akin & Robb, Albuquerque, for appellee.

OPINION

SPIESS, Chief Judge.

Plaintiff sought damages for personal injury resulting from a fall which occurred while shopping in defendant's store. The trial court granted summary judgment in favor of defendant. Plaintiff has appealed contending that there was an issue of fact as to defendant's negligence precluding the granting of summary judgment.

It is fundamental that summary judgment is proper where...

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