MAESTAS v. OVERTON

No. 1267.

526 P.2d 203 (1974)

86 N.M. 609

Joan MAESTAS, Administratrix of the Estate of Michon Overton, Deceased, Plaintiff-Appellant, v. T. E. OVERTON, Administrator of the Estate of W. E. Overton, Deceased, Defendant-Appellee.

Court of Appeals of New Mexico.

Certiorari Granted September 13, 1974.


Attorney(s) appearing for the Case

James K. Ribe, Zamora & Ribe, Santa Fe, for plaintiff-appellant.

John D. Donnell, Zinn & Donnell, Santa Fe, for defendant-appellee.


OPINION

HENDLEY, Judge.

Husband-pilot and wife-passenger were killed in an airplane crash. The administratrix of wife sued the administrator of husband under the Wrongful Death Act, § 22-20-1, N.M.S.A. 1953, on the grounds that husband "* * * negligently or intentionally or through heedless or reckless disregard * * *" of the safety of his wife caused her death. The trial court granted defendant summary judgment.

The issue is whether the common...

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