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LATIMER v. CITY OF CLOVIS

No. 722.

495 P.2d 788 (1972)

Robert Lee LATIMER, as administrator of the estate of mack allen grayes, Deceased, Plaintiff-Appellant, v. CITY OF CLOVIS, Defendant-Appellee.

Court of Appeals of New Mexico.

March 10, 1972.

Attorney(s) appearing for the Case

Paul Phillips, Albuquerque, David W. Bonem, Quinn & Bonem, Clovis, for plaintiff-appellant.

Dennis J. Falk, Modrall, Seymour, Sperling, Roehl & Harris, Albuquerque, Harry L. Patton, Clovis, for defendant-appellee.

OPINION

WOOD, Chief Judge.

This is a wrongful death case. The trial court granted defendant's motion for summary judgment. The issue is the propriety of the summary judgment. We discuss each of the reasons the trial court listed in granting the summary judgment. They are: (1) no liability under the doctrine of attractive nuisance; (2) absence of negligence on the part of defendant; (3) assumption of risk by and negligence of decedent; (4) negligence of parents...

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