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HINOJOSA v. NIELSON

No. 706.

490 P.2d 1240 (1971)

83 N.M. 267

Guadalupe HINOJOSA, Plaintiff-Appellant, v. Allen NIELSON, Defendant-Appellee.

Court of Appeals of New Mexico.

Certiorari Denied November 24, 1971.

Attorney(s) appearing for the Case

Lorenzo A. Chavez, Melvin L. Robins, Albuquerque, for appellant.

James A. Parker, Modrall, Sperling, Roehl, Harris & Sisk, Albuquerque, for appellee.

OPINION

WOOD, Chief Judge.

The trial court held that plaintiff assumed the risk of a slip and fall as a matter of law and granted summary judgment in favor of defendant. Plaintiff's appeal asserts there was a factual issue as to assumption of risk and summary judgment was improper. See Coe v. City of Albuquerque, 81 N.M. 361, 467 P.2d 27 (1970). We agree and reverse.

Plaintiff was...

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