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WILLIAMS v. HERRERA

No. 803.

496 P.2d 740 (1972)

83 N.M. 680

Walter Lee WILLIAMS, Plaintiff-Appellant, v. Delfin R. HERRERA et al., Defendants-Appellees.

Court of Appeals of New Mexico.

April 14, 1972.

Attorney(s) appearing for the Case

John J. Duhigg, Bruce P. Moore, Albuquerque, for plaintiff-appellant.

J.T. Paulantis, Iden & Johnson, Albuquerque, N.M., for defendants-appellees.

OPINION

SUTIN, Judge.

Williams appeals from a summary judgment granted Herrera and Farmers Insurance Group, arising out of a fall from a ladder with a latent defective rung.

We affirm as to Herrera and reverse as to Farmers Insurance Group.

The trial court found, (1) that there are insufficient facts to establish negligence of Herrera; and (2) that the policy of insurance does not afford medical coverage, and concluded that no genuine issue...

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