WILKINSON v. RANDEL

No. 2065.

545 P.2d 95 (1975)

88 N.M. 629

Bob WILKINSON, Individually and as father and next friend of Robert L. Wilkinson, a minor, Plaintiff-Appellant, v. Ralph M. RANDEL and James O. Randel, Co-Executors of the Estate of Oliver Holmes Randel, Deceased, Defendants-Appellees.

Court of Appeals of New Mexico.

December 30, 1975.


Attorney(s) appearing for the Case

John W. Fisk, Jerome D. Matkins, Matkins & Martin, Carlsbad, for plaintiff-appellant.

James L. Bruin, Sanders, Bruin & Baldock, Roswell, for defendants-appellees.


OPINION

SUTIN, Judge.

Plaintiff appeals from a summary judgment granted defendants in a unicycle-motor vehicle accident. The motion for summary judgment, and the judgment thereon, determined that Robert L. Wilkinson, aged 14 years, was contributorily negligent as a matter of law. We reverse.

The undisputed facts most favorable to plaintiff show that on February 28, 1972, Oliver Holmes Randel, 85 years of age, now deceased, was driving at 15 m.p.h...

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