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GALVAN v. CITY OF ALBUQUERQUE

No. 963.

508 P.2d 1339 (1973)

85 N.M. 42

Robert G. GALVAN, Plaintiff-Appellant, v. CITY OF ALBUQUERQUE, a municipality duly Incorporated under the laws of the state of new mexico, and Gregory F. Avila, Defendants-Appellees.

Court of Appeals of New Mexico.

March 23, 1973.

Attorney(s) appearing for the Case

E. Douglas Latimer, Marchiondo & Berry, Albuquerque, for appellant.

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

OPINION

WOOD, Chief Judge.

A car-bicycle collision occurred on a two-lane section of Montgomery Street in Albuquerque. Plaintiff sued Avila, the police officer driver of the car, and his employer, the City of Albuquerque. The trial court first dismissed the City and then granted summary judgment in favor of Avila. The issues are: (1) sufficiency of an affidavit; (2) proximate cause; (3) wilful and wanton conduct; and (4) propriety of dismissing the City...

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