EICHEL v. GOODE INC.

No. 7254.

680 P.2d 627 (1984)

101 N.M. 246

Jerry Lee EICHEL, Jr., Plaintiff-Appellee, v. GOODE, INC., Defendant-Appellee, and Winn-Dixie, Texas, Inc., Defendant-Appellant, and KIMBELL, INC., Defendant and Third-Party Plaintiff-Appellee, v. SMITH'S FOOD KING PROPERTIES, dba Smith's Food King, Inc., Third-Party Defendant-Appellee. Jerry Lee EICHEL, Jr., Plaintiff-Appellee, v. SMITH'S FOOD KING, INC., and Protective Insurance, Defendants-Appellees.

Court of Appeals of New Mexico.

April 3, 1984.


Attorney(s) appearing for the Case

Terry M. Word, P.C., Albuquerque, for plaintiff-appellee.

Carolyn N. Merchant, Margo J. McCormick, Miller, Stratvert, Torgerson & Brandt, P.A., Albuquerque, for third-party defendant-appellee.

James C. Ritchie, Edward W. Shepherd, Henry M. Bohnhoff, Rodey, Dickason, Sloan, Akin & Robb, P.A., Albuquerque, for defendant and third-party plaintiff-appellee.

Robert A. Martin, Sager, Curran, Sturges & Tepper, P.C., Albuquerque, for defendant-appellant.


OPINION

ALARID, Judge.

This case arose out of a supermarket machine accident in which a young boy's hand and arm were crushed by the ramplate of a cardboard box baler or compactor. After a jury verdict the court entered judgment against the supermarket and its predecessors in interest. We consider whether the trial court erred in instructing the jury that appellant (Winn-Dixie, Texas, Inc.) was a "supplier" of chattels; whether New Mexico and Florida substantive...

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