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RODGERS v. FERGUSON

No. 2587.

556 P.2d 844 (1976)

89 N.M. 688

June RODGERS, duly appointed Administratrix of the Estate of Joseph Wheaton, and Mrs. Joseph Wheaton, Plaintiffs-Appellants, v. Marvin FERGUSON, Cristobal Montoya and Steere Tank Lines, Inc., Defendants-Appellees.

Court of Appeals of New Mexico.

Certiorari Denied November 18, 1976.

Attorney(s) appearing for the Case

William J. Lock, Robinson, Stevens & Wainwright, Albuquerque, for plaintiffs-appellants.

Irwin S. Moise, Sutin, Thayer & Browne, P.C., Albuquerque, for defendants-appellees.

OPINION

WOOD, Chief Judge.

Under the common law, personal tort actions died with the person of either the plaintiff or defendant. Prosser, Law of Torts (4th Ed. 1971) § 126. This case involves a vestige of the common law rule not expressly covered by our statutes; specifically a cause of action based on damages accruing between a negligent injury and the subsequent unrelated death of the injured person.

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