WILSON v. GILLIS

No. 9420.

731 P.2d 955 (1986)

Debalee WILSON, as Guardian of the Person and Conservator of the Estate of Leroy Lunsford, Plaintiff-Appellee, v. Gregory GILLIS, Defendant and Third-Party Plaintiff-Appellant, and Bobby GILLIS and Patsy Gillis, Defendants and Third-Party Plaintiffs, v. Charles FRANZOY and Annalee Franzoy, his wife, Third-Party Defendants-Appellees.

Court of Appeals of New Mexico.

Certiorari Denied January 12, 1987.


Attorney(s) appearing for the Case

Michael W. Lilley, Allred, Lilly & Macias, Las Cruces, for plaintiff-appellee.

Thomas A. Sandenaw, Jr., Manuel I. Arrieta, Weinbrenner, Richards, Paulowski & Sandenaw, P.A., Las Cruces, for defendant and third-party Plaintiff-Appellant.

Edward E. Triviz, Edward E. Triviz, P.A., Las Cruces, for third-party defendants-appellees.


OPINION

GARCIA, Judge.

This is an interlocutory appeal from an order granting dismissal of the third-party defendants which defendants sought to implead. The issue presented is whether a tortfeasor defendant can force a settling tortfeasor to have his negligence apportioned by a jury as a third-party defendant rather than as a non-party witness.

A personal injury action was brought in the district court for damages sustained in

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