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STATE FARM MUT. AUTO. INS. CO. v. DURAN

No. 3678.

601 P.2d 722 (1979)

93 N.M. 489

STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY and Stanley Chavez, Plaintiffs-Appellees, v. Joe L. DURAN, Defendant, and Frank Duran, Defendant-Appellant.

Court of Appeals of New Mexico.

Rehearing Denied September 11, 1979.

Attorney(s) appearing for the Case

Paul J. Matteucci, Edward L. Matteucci, Albuquerque, for defendant-appellant.

G. Richard Mantlo, Lamb, Metzgar & Lines, Albuquerque, for plaintiffs-appellees.

OPINION

WALTERS, Judge.

Plaintiff's insurance company and its insured sought subrogation recovery against Frank Duran, owner, and his brother Joe Duran, driver, for damages to Chavez's car and personal injuries sustained by the Chavezes in an automobile accident. Following a non-jury trial, judgment of $4,022.63 was entered against Frank Duran.

Appellant raises two points for reversal: (1) the trial court erred in concluding that appellant was negligent...

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