DULL v. TELLEZ

No. 647.

489 P.2d 406 (1971)

83 N.M. 126

Roger D. DULL et al., Plaintiffs-Appellants, v. Isabelle TELLEZ, Administratrix of the Estate of George Cromie, Deceased, Defendant-Appellee.

Court of Appeals of New Mexico.

September 17, 1971.


Attorney(s) appearing for the Case

Dennis J. Falk and Allen C. Dewey, Jr., Modrall, Sperling, Roehl, Harris & Sisk, Albuquerque, for plaintiffs-appellants.

Eric D. Lanphere, Iden & Johnson, Albuquerque, for defendant-appellee.


OPINION

HENDLEY, Judge.

Plaintiffs sued for damages arising out of a rear-end automobile collision. The trial court submitted the issue of unavoidable accident because of an unforeseeable sudden illness to the jury. The plaintiffs objected on the ground that there was no evidence of a sudden illness and that by submitting this as the basis for an unavoidable accident instruction the trial court submitted a false issue to the jury. The jury returned a verdict...

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