SILVA v. CITY OF ALBUQUERQUE

No. 4231.

610 P.2d 219 (1980)

94 N.M. 332

Mary Agnes silva, personal representative of david gurule, deceased, Plaintiff-Appellant, v. CITY OF ALBUQUERQUE, Albuquerque Police Department, John Kraenzel and Francis Ford, Defendants-Appellees.

Court of Appeals of New Mexico.

April 1, 1980.


Attorney(s) appearing for the Case

Stephen M. Simone, Farlow & Bradley, P.A., Albuquerque, for plaintiff-appellant.

Robert K. Patten, Asst. City Atty., Albuquerque, for City of Albuquerque.

J.E. Casados, Gallagher, Casados & Martin, P.C., Albuquerque, for Albuquerque Police Dept., John Kraenzel and Francis Ford.


OPINION

WALTERS, Judge.

Plaintiff's decedent ran a red light within the City of Albuquerque. An officer who stopped in a police car at the intersection saw the violation and he proceeded after the deceased. When he caught up with him, he turned on his vehicle's red lights. Instead of slowing or stopping, plaintiff's decedent accelerated and tried to outrun the police car. Several miles later, decedent lost control of his vehicle, crashed into a tree and...

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