RAEL v. CADENA

No. 3921.

604 P.2d 822 (1979)

93 N.M. 684

Eddie RAEL, Plaintiff-Appellee, v. Emilio CADENA and Manuel Cadena, Defendants-Appellants.

Court of Appeals of New Mexico.

October 23, 1979.


Attorney(s) appearing for the Case

John A. Budagher, Albuquerque, for defendants-appellants.

Leof T. Strand, Albuquerque, for plaintiff-appellee.


OPINION

LOPEZ, Judge.

Defendant Emilio Cadena, a non-active participant in the battery of plaintiff Eddie Rael, appeals the judgment of the trial court finding him, along with the active participant, jointly and severally liable for the battery. We affirm.

The issue on appeal is whether a person present at a battery who verbally encourages the assailant, but does not physically assist him, is civilly liable for the battery.

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