HERNANDEZ v. BROOKS

No. 4170.

625 P.2d 1187 (1980)

95 N.M. 670

Joel M. HERNANDEZ, by his Father and Next Friend, Juan L. Hernandez and Juan L. Hernandez, Individually, Plaintiffs-Appellants, v. Richard L. BROOKS, W.L. Brooks and Mary L. Brooks, Defendants-Appellees.

Court of Appeals of New Mexico.

Certiorari Denied August 25, 1980.


Attorney(s) appearing for the Case

George L. Watkins and Lon P. Watkins, Watkins & Watkins, Carlsbad, for appellants.

Paul M. Bohannon and Richard E. Olson, Hinkle, Cox, Eaton, Coffield & Hensley, Roswell, for appellees.


OPINION

LOPEZ, Judge.

Defendant Richard Brooks, age 16, was driving a car in which his mother, Mary Brooks, was a passenger, when he hit Plaintiff, Joel Hernandez, age 13, who had just alighted from a school bus and was proceeding to cross the street. Plaintiffs appeal from a judgment entered on a jury verdict for Defendants. We hold that it was reversible error for the court to instruct the jury to the effect that Plaintiff (Joel Hernandez) was negligent...

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