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DEEM v. WOODBINE MANUFACTURING COMPANY

No. 1850.

546 P.2d 1207 (1976)

89 N.M. 50

Guy DEEM, Individually and as Guardian of the Person and Estate of Eric Deem, a minor, Plaintiff-Appellant, v. WOODBINE MANUFACTURING COMPANY, Defendant-Appellee.

Court of Appeals of New Mexico.

Certiorari Granted March 12, 1976.

Original Proceeding on Certiorari Decision April 22, 1976.

Attorney(s) appearing for the Case

David R. Gallagher, Gallagher, Ruud & Casados, Albuquerque, for plaintiff-appellant.

Bruce D. Black, Dale W. Ek, Modrall, Sperling, Roehl, Harris & Sisk, Albuquerque, for defendant-appellee.

OPINION

SUTIN, Judge.

This is a products liability case tried by the court. It involves a hydraulic lift gate manufactured by the defendant and attached to the rear end of a delivery truck. Eric Deem, a four-year-old child, operated the lift gate and was injured. At the close of plaintiffs' case, the trial court granted defendant's motion to dismiss under Rule 41(b) of the Rules of Civil Procedure [§ 21-1-1(41)(b), N.M.S.A. 1953 (Repl.Vol. 4)]. Plaintiffs...

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