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RICE v. GIDEON

No. 1173.

525 P.2d 920 (1974)

86 N.M. 560

Harwood T. RICE, Sr., Plaintiff-Appellee, v. Joseph W. GIDEON and Albuquerque Gravel Products Company, Defendants-Appellants.

Court of Appeals of New Mexico.

Rehearing Denied July 16, 1974.

Certiorari Issued August 26, 1974.

Attorney(s) appearing for the Case

David R. Gallagher, Gallagher, Ruud, Toulouse & Moore, Albuquerque, for defendants-appellants.

Mary C. Walters, Charles G. Berry, Marchiondo & Berry, P.A., Albuquerque, for plaintiff-appellee.

OPINION

HENDLEY, Judge.

The defendants in this negligence action appeal from a $50,000.00 judgment for plaintiff. The accident occurred at a trailer park under construction by plaintiff Rice. Defendant Gideon, a dump truck driver for defendant Albuquerque Gravel Products Company, spread gravel at the construction site. On two previous occasions Rice directed Gideon's backing and unloading from a position behind and to the left of Gideon's truck. At the time...

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