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STANG v. HERTZ CORPORATION

No. 9324.

497 P.2d 732 (1972)

83 N.M. 730

Sister Mary Assunta STANG, Personal Representative and Ancillary Administratrix with the Will Annexed in the Matter of the Last Will and Testament of Catherine Lavan, Deceased, et al., Petitioners, v. HERTZ CORPORATION, a corporation, Respondent.

Supreme Court of New Mexico.

May 26, 1972.

Attorney(s) appearing for the Case

Smith & Ransom, Richard E. Ransom, William G. Gilstrap, Albuquerque, for petitioners.

Rodey, Dickason, Sloan, Akin & Robb, James C. Ritchie, Bruce D. Hall, Albuquerque, for respondent.

Martin & Martin, William L. Lutz, Las Cruces, amicus curiae.

OPINION

McMANUS, Justice.

The automobile accident involved in this case occurred when a tire blew out. The tire, manufactured by Firestone Tire & Rubber Company, was mounted on a car belonging to Hertz Corporation. The car had been rented by a nun; Catherine Lavan, also a nun, was a passenger in the car when the blowout occurred. Catherine Lavan suffered injuries in the accident resulting in her death. Prior appellate decisions were concerned with damages...

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