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CHEVRON OIL COMPANY v. SUTTON

No. 9772.

515 P.2d 1283 (1973)

85 N.M. 679

CHEVRON OIL COMPANY, Petitioner, v. Charles M. SUTTON, Individually and as Administrator and Personal Representative of the Estate of Mona Ray Sutton, Deceased, Respondent.

Supreme Court of New Mexico.

November 9, 1973.

Attorney(s) appearing for the Case

Shaffer & Butt, K. Gill Shaffer, Donald L. Jones, Albuquerque, for petitioner.

Smith & Ransom, Joseph L. Smith, Arthur O. Beach, Albuquerque, for respondent.

Modrall, Sperling, Roehl, Harris & Sisk, Joseph E. Roehl, John R. Cooney, Albuquerque, N.M., for Chevron Oil Co.

Hinkle, Bondurant, Cox & Eaton, Stuart D. Shanor, Roswell, N.M., for Exxon.

Thomas M. Blume, Thomas L. Barton, Denver, Colo., for Phillips Petroleum Co.

Atwood, Malone, Mann & Cooter, Roswell, N.M., Ross L. Malone, Gen. Counsel, Otis M. Smith, Thomas W. Watkins, Detroit, Mich., for General Motors Corp.

OPINION

McMANUS, Chief Justice.

This suit began in the District Court of Bernalillo County. Sutton, respondent, sought damages for death by wrongful act pursuant to § 22-20-1 et seq., N.M.S.A. 1953, against petitioner, Chevron Oil Company (Chevron), Lee Sharp (lessee for Chevron) and Herbert R. Buss (Sharp's employee). Sutton's wife had died from injuries sustained in a car accident when a wheel of a car repaired by Buss came off the vehicle. The district...

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