DEAKIN v. PUTT

No. 3546.

596 P.2d 271 (1979)

93 N.M. 58

Harold A. DEAKIN, Plaintiff-Appellant, v. Bobby Q. PUTT and Marjorie Putt, d/b/a Cuban Cafe, Defendants-Appellees.

Court of Appeals of New Mexico.

April 10, 1979.


Attorney(s) appearing for the Case

Kathleen Davison Lebeck; Civerolo, Hansen & Wolf, Albuquerque, for plaintiff-appellant.

Stephen M. Williams; Shaffer, Butt, Jones, Thornton & Dines, Albuquerque, for defendants-appellees.


OPINION

SUTIN, Judge.

Plaintiff sued defendant for damages arising out of an injury sustained in defendant's cafe. While defendant was pouring plaintiff a cup of hot coffee from a glass coffee pot, the bottom of the pot broke spilling hot coffee in plaintiff's lap. Plaintiff relied upon the doctrine of res ipsa loquitur. Summary judgment was granted defendant and plaintiff appeals. We reverse.

To make a prima facie case, defendant had the burden...

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