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RODRIGUEZ v. STATE

No. 1302.

525 P.2d 895 (1974)

86 N.M. 535

Letica RODRIGUEZ and Elvia Rodriguez, By their father and next friend, Jesus Rodriguez; Jesus Rodriguez, Individually, and Ophelia Rodriguez, Individually, Teresa Medrano and Carolina Medrano, By their father and next friend, Jesus Medrano, Plaintiffs-Appellants, v. STATE of New Mexico and New Mexico Highway Department, W.S. Hatch Company, Inc., a corporation, Trumbull Asphalt Company, a corporation, and Michael Burris, d/b/a As-Tec Products, Defendants-Appellees.

Court of Appeals of New Mexico.

August 7, 1974.

Attorney(s) appearing for the Case

John T. Porter, Robert L. Love, Williams, Johnson, Houston, Reagan & Porter, Hobbs, for plaintiffs-appellants.

William W. Bivins, Bivins & Weinbrenner, P.A., Las Cruces, for appellee Trumbull Asphalt.

Rodey, Dickason, Sloan, Akin & Robb, P.A., Albuquerque, for appellee State of New Mexico and New Mexico State Highway Dept.

Matkins & Martin, Carlsbad, for appellee W.S. Hatch Co.

Jones, Gallegos, Snead & Wertheim, Santa Fe, for Michael Burris, d/b/a As-Tec Products.

OPINION

HENDLEY, Judge.

Plaintiffs claim defendants applied a dangerously slick coating of Gilsonite road surface preservative to U.S. Highway 54, south of Alamogordo, causing the automobile accident for which they now seek damages. In an amended motion for summary judgment defendants claimed no Gilsonite was applied to the section of the road where the accident occurred. See § 21-1-1(56), N.M.S.A. 1953 (Repl...

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