KINNEY v. LUTHER

No. 13831.

641 P.2d 506 (1982)

97 N.M. 475

Donald KINNEY, Petitioner, v. Irene LUTHER, Individually and as Administratrix of the Estate of William Luther, Deceased, Respondent.

Supreme Court of New Mexico.

February 23, 1982.


Attorney(s) appearing for the Case

Willard F. Kitts, Miller, Stratvert, Torgerson & Brandt, Alan Konrad, Albuquerque, for petitioner.

Pedro Rael, Peter Gallagher, Albuquerque, for respondent.


OPINION

PAYNE, Justice.

We granted certiorari to determine whether the trial court committed reversible error in refusing a particular non-Uniform Jury Instruction (U.J.I.). We hold that the refusal was not reversible error. We therefore reverse the Court of Appeals and reinstate the judgment entered by the trial court.

The vehicle in which plaintiff and her husband were riding was struck by a vehicle driven by Dr. Dan Cameron. Plaintiff was injured...

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