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SYROID v. ALBUQUERQUE GRAVEL PRODUCTS CO.

No. 9728.

522 P.2d 570 (1974)

86 N.M. 235

Paul SYROID, Individually and as next friend of paula marie syroid, a minor, Plaintiff-Appellant, v. ALBUQUERQUE GRAVEL PRODUCTS CO. and home Planning Development Company, Inc., corporations, Defendants-Appellees.

Supreme Court of New Mexico.

May 10, 1974.

Attorney(s) appearing for the Case

Rodey, Dickason, Sloan, Akin & Robb, James C. Ritchie, Bruce D. Hall, Albuquerque, for appellant.

Johnson, Paulantis, Lanphere & Monroe, Albuquerque, for Albuquerque Gravel Products Co.

Keleher & McLeod, Russell Moore, Albuquerque, for Home Planning Development Co.

OPINION

OMAN, Justice.

Insofar as pertinent to this appeal, plaintiff sought recovery from defendants of medical expenses and damages for personal injuries allegedly sustained by his minor daughter in a single automobile accident. The claim was based on alleged negligence of defendants, who pleaded contributory negligence as a defense. Plaintiff moved to strike this defense on the ground that contributory negligence is no longer a sufficient and valid defense...

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