DAVILA v. RODRIGUEZ

No. 725.

492 P.2d 1300 (1971)

83 N.M. 437

Frank N. DAVILA, Individually and as father and Next Friend of David R. Davila, Plaintiff-Appellant, v. Sabino RODRIGUEZ et al., Defendants-Appellees.

Court of Appeals of New Mexico.

Certiorari Denied January 21, 1972.


Attorney(s) appearing for the Case

Avelino V. Gutierrez, Albuquerque, for plaintiff-appellant.

Juan G. Burciaga, Ussery, Burciaga & Parrish, Albuquerque, for appellees Rodriguez.

Edward E. Triviz, Las Cruces, for appellees Mott and Ebbs.


OPINION

HENDLEY, Judge.

This is an appeal from an order granting defendants' motion for summary judgment in an action arising out of an automobile collision.

We reverse.

In determining the propriety of granting a motion for summary judgment all reasonable inferences must be construed in favor of the party against whom the summary judgment is sought. Where the slightest doubt exists as to the material facts, summary judgment should not be...

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