METZGAR v. MARTINEZ

No. 4683.

637 P.2d 1235 (1981)

97 N.M. 180

William METZGAR, Plaintiff-Appellant v. Larry MARTINEZ, Defendant-Appellee.

Court of Appeals of New Mexico.

February 3, 1981.


Attorney(s) appearing for the Case

David Duhigg, Duhigg & Cronin, Albuquerque, for plaintiff-appellant.

Randal W. Roberts, Farlow, Simone & Roberts, P.A., Albuquerque, for defendant-appellee.


MEMORANDUM OPINION

LOPEZ, Judge.

The trial court granted summary judgment to the defendant, whose negligent driving, according to plaintiff, caused plaintiff's injuries. We reverse.

Plaintiff and Herman Chavez were passengers in a pickup truck driven by defendant on Interstate 25 on August 11, 1978. Defendant had been driving for four or five hours when the accident occurred. At about 1:50 A.M., they were close to Wagon Mound, New Mexico, when defendant...

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