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PAQUIN v. ECHEVERRIA

No. 13333.

623 P.2d 987 (1981)

Jimmie Charles PAQUIN, Petitioner, v. Robert S. ECHEVERRIA, Respondent.

Supreme Court of New Mexico.

February 12, 1981.

Attorney(s) appearing for the Case

Glen L. Houston, Hobbs, for petitioner.

Crouch, Valentine & Ramirez, J.R. Crouch, Las Cruces, for respondent.

OPINION

PAYNE, Justice.

While driving on an interstate highway, Jimmie Paquin was struck from behind by Robert Echeverria. Paquin filed suit to recover damages for injuries allegedly received in the accident. At the conclusion of the trial, at which the defendant presented no evidence other than his testimony as a hostile witness, the court gave, over Paquin's objection, an instruction on contributory negligence. The jury found Paquin was contributorily...

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