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SPENCER v. GAMBOA

No. 8067.

699 P.2d 623 (1985)

102 N.M. 692

Jeane M. SPENCER, Personal Representative of the Estate of Dennis A. Spencer, deceased, Plaintiff-Appellant, v. Mary G. GAMBOA and Mesilla Valley Lincoln Mercury, Inc., Defendants-Appellees.

Court of Appeals of New Mexico.

Certiorari Denied May 8, 1985.

Attorney(s) appearing for the Case

Lloyd O. Bates, Jr., Kyle W. Gesswein, Pickett, Bates & Holmes, Las Cruces, for plaintiff-appellant.

Edward T. Curran, Matthew Holt, Sager, Curran, Sturges & Tepper, P.C., Albuquerque, for defendants-appellees.

OPINION

NEAL, Judge.

Defendant automobile dealership ("defendant") loaned a truck to defendant Gamboa ("driver") to test drive. She ran a red light and killed plaintiff's husband. The dispositive issue is whether the dealer may be held liable on a theory of negligent entrustment based on an alleged statutory violation of NMSA 1978, Section 66-5-41 (Repl.Pamp. 1984). The section prohibits knowingly permitting an unauthorized driver to operate a motor vehicle...

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