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BECKER v. HIDALGO

No. 11045.

556 P.2d 35 (1976)

89 N.M. 627

Leonard BECKER, Petitioner, v. Eduardo HIDALGO, Administrator of the Estate of Eddie Hidalgo, Deceased, Respondent.

Supreme Court of New Mexico.

Rehearing Denied November 17, 1976.

Attorney(s) appearing for the Case

Jerrald J. Roehl, Albuquerque, for petitioner.

Melvin L. Robins, Albuquerque, for respondent.

OPINION

EASLEY, Justice.

Respondent Hidalgo, as administrator of the estate of his eighteen-year-old deceased son, Eddie, brought a malpractice suit against osteopathic surgeon Leonard Becker, who assisted in the surgical procedure which was followed by Eddie's death. The trial court granted summary judgment for Dr. Becker.

The Court of Appeals reversed the trial court, holding that (1) summary judgment cannot be granted where contested issues of...

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