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BROCK v. GOODMAN

No. 758.

494 P.2d 1397 (1972)

83 N.M. 580

Nancy S. BROCK, as Administratrix of the Estate of Terry Frank Brock, Deceased, Plaintiff-Appellant, v. Annie GOODMAN and Sears, Roebuck & Co., a New York Corporation, Defendants-Appellees.

Court of Appeals of New Mexico.

Certiorari Granted March 23, 1972.

Attorney(s) appearing for the Case

Dennis M. McCary, Michael L. Keleher, Keleher & McLeod, Albuquerque, for plaintiff-appellant.

Robert M. St. John, Rodey, Dickason, Sloan, Akin & Robb, Albuquerque, for defendants-appellees.

OPINION

SUTIN, Judge.

This is an appeal from summary judgment granted defendants in a suit for wrongful death resulting from one vehicle accident.

We reverse.

The defendant Annie Goodman is not a party to this appeal.

The record supports the following:

On August 2, 1969, Tom Goodman, husband of Annie, purchased four new 6-ply tires from Sears which were manufactured by Armstrong. Sears put Goodman's old tubes in the new tires...

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