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CITY OF ALBUQUERQUE v. GARCIA

No. 9531.

508 P.2d 585 (1973)

84 N.M. 776

CITY OF ALBUQUERQUE, Petitioner, v. MELLA GARCIA, RESPONDENT.

Supreme Court of New Mexico.

April 6, 1973.

Attorney(s) appearing for the Case

Rodey, Dickason, Sloan, Akin & Robb, James C. Ritchie, Stuart S. Keown, Albuquerque, for petitioner.

Modrall, Sperling, Roehl, Harris & Sisk, Frank H. Allen, Jr., Albuquerque, for respondent.

David L. Norvell, Atty. Gen., James V. Noble, Asst. Atty. Gen., for State Highway Dept., Santa Fe, amicus curiae.

OPINION

STEPHENSON, Justice.

Plaintiff alleged that she had been negligently injured while a passenger on a city bus driven by Mr. Callahan. On motion by the City, the trial court dismissed as to it on the basis of § 64-25-9, N.M.S.A. 1953. Following compliance with Rule 54(b) [§ 21-1-1(54)(b), N.M.S.A. 1953] plaintiff appealed. The Court of Appeals reversed. Garcia v. City of Albuquerque, 84 N.M. 168, 500 P.2d 453

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