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BRYANT v. GILMER

No. 5161.

639 P.2d 1212 (1982)

97 N.M. 358

Philip BRYANT and Robert Bennington, Plaintiffs-Appellants, v. Frank GILMER, Defendant-Appellee, and David Apodaca, Defendant.

Court of Appeals of New Mexico.

January 19, 1982.

Attorney(s) appearing for the Case

James G. Chakeres, Horton & Associates, Albuquerque, for plaintiffs-appellants.

Joseph R. Raziano, Shaffer, Butt, Thornton & Baehr, P.C., Albuquerque, for defendant-appellee.

OPINION

HENDLEY, Judge.

Plaintiffs appeal a summary judgment granted defendants on a personal injury action. The suit arises out of an automobile accident. Plaintiff Bryant was the driver of the first car and plaintiff Bennington was his passenger. The second car was owned by defendant Gilmer, but was allegedly driven by David Apodaca, a/k/a David Gurule, a/k/a David Cassidy, who fled the scene of the accident on foot and who has never been served. Gilmer...

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