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MAESTAS v. OVERTON

No. 10137.

531 P.2d 947 (1975)

87 N.M. 213

Joan MAESTAS, Administratrix of the Estate of Michon Overton, Deceased, Petitioner, v. T.E. OVERTON, Administrator of the Estate of W.E. Overton, Deceased, Respondent.

Supreme Court of New Mexico.

February 21, 1975.

Attorney(s) appearing for the Case

Zamora & Ribe, James K. Ribe, Santa Fe, for petitioner.

Zinn & Donnell, Santa Fe, for respondent.

OPINION

STEPHENSON, Justice.

This case involves interspousal immunity for non-intentional personal torts. It appears that Michon and W.E. Overton, wife and husband, were killed in the crash of a light plane owned and piloted by the latter in the summer of 1971. The parties to the action are the personal representatives of the decedents.

Petitioner brought this wrongful death action (§ 22-20-1, N.M.S.A. 1953) alleging her decedent's death to...

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