KELLY v. MONTOYA

No. 429.

470 P.2d 563 (1970)

81 N.M. 591

George G. KELLY, Plaintiff-Appellant, v. Lawrence MONTOYA, John S. Ward, Darvel D. Richins, Richins Bros., Inc., and Norbert E. O'Connor, Defendants-Appellees.

Court of Appeals of New Mexico.

May 8, 1970.


Attorney(s) appearing for the Case

Avelino V. Gutierrez, Albuquerque, for appellant.

Jackson O. Akin, Rodey, Dickason, Sloan, Akin & Robb, Albuquerque, for appellee Montoya.

J.J. Monroe, Iden & Johnson, Albuquerque, for appellee Ward.

Frank H. Allen, Jr., Modrall, Seymour, Sperling, Roehl & Harris, Albuquerque, for appellee Richins.

Eugene E. Klecan, Albuquerque, for appellee O'Connor.


OPINION

WOOD, Judge.

Plaintiff was injured in a multi-vehicle accident. The trial court granted defendants' motion for summary judgment. Summary judgment is not proper where there is the slightest issue as to a material fact. In deciding a motion for summary judgment, the trial court must view the matters presented and considered by it in the most favorable aspect they will bear in support of the right to a trial on the issues. Perry v. Color Title of New...

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