TRUJILLO THROUGH OSOFSKY v. GALIO

No. 9001.

745 P.2d 711 (1987)

Duane TRUJILLO, Through his mother and next friend, Phyllis Trujillo OSOFSKY, Plaintiff-Appellant, v. Thomas C. GALIO and B.R.S. Enterprises, Inc., Defendants-Appellees, v. ALLSTATE AUTOMOBILE INSURANCE CO., Involuntary Plaintiff.

Court of Appeals of New Mexico.

Certiorari Denied November 5, 1987.


Attorney(s) appearing for the Case

Robert D. Levy, Maria Garcia Geer, Levy & Geer, P.A., Albuquerque, for plaintiff-appellant.

Jonathan E. Zorn, Butt, Thornton and Baehr, P.C., Albuquerque, for defendants-appellees.


OPINION

MINZNER, Judge.

After a bench trial on liability, the trial court entered judgment for defendants. Plaintiff appeals from that judgment, contending (1) the trial court erred as a matter of law in concluding that defendants did not breach any duty of care to plaintiff and, thus, were not negligent, and (2) that the findings of the trial court as to defendant Galio's exercise of due care are not supported by substantial evidence. We affirm.

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