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KIRBY v. NEW MEXICO STATE HIGHWAY DEPT.

No. 5101.

643 P.2d 256 (1982)

97 N.M. 692

Katherine M. KIRBY, individually, David M. Kirby, individually, and as next friend of Katherine M. Kirby and David M. Kirby, as special administrator of the estate of Mark S. Cummings, Plaintiffs-Appellees, v. NEW MEXICO STATE HIGHWAY DEPARTMENT, Defendant-Appellant.

Court of Appeals of New Mexico.

Rehearing Denied February 2, 1982.

Certiorari Quashed March 29, 1982.

Attorney(s) appearing for the Case

Jeffrey R. Brannen, Allen H. Brill, Montgomery & Andrews, P.A., Santa Fe, for defendant-appellant.

Steven L. Tucker, Jerry Wertheim, Jones, Gallegos, Snead & Wertheim, P.A., Santa Fe, for plaintiffs-appellees.

OPINION

WALTERS, Chief Judge.

In a suit for the wrongful death of Mark Cummings and for personal injuries suffered by Katherine Kirby, the jury returned a verdict against the State Highway Department (SHD) for $55,000 in favor of Cummings's representative, and for a total of $17,207.09 for Kirby and her father/next friend. The trial court awarded plaintiffs' costs against SHD. It refused SHD's proposed form of judgment...

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