MILLER v. NEW MEXICO DEPT. OF TRANSP.

No. 17005.

741 P.2d 1374 (1987)

106 N.M. 253

Deanne MILLER, as Personal Representative of the Estate of Jerry Rose, Deceased, and Julie Rose, Individually and as Mother and Next of Friend of Jarrod Rose, a Minor, Petitioners, v. The NEW MEXICO DEPARTMENT OF TRANSPORTATION, and Al J.C. De Baca, Ajax International Ltd., a corporation, and David L. Barr, Respondents,

Supreme Court of New Mexico.

September 3, 1987.


Attorney(s) appearing for the Case

Matias A. Zamora, D. Diego Zamora, Bachicha Legal Services, P.A., Frank Bachicha, Jr., Berman & Glenn, Jeffrey Glenn, San Francisco, Cal., for petitioners.

Montgomery & Andrews, Terri A. Mazur, John B. Pound, Stephen S. Hamilton, Santa Fe, for respondents.

William H. Carpenter, Albuquerque, amicus curie N.M. Trial Lawyers Ass'n.


OPINION

WALTERS, Justice.

On July 1, 1982, the New Mexico Department of Transportation (DOT) issued an oversize vehicle permit to Ajax International, Ltd. for the transport of a 14-foot wide mobile home on U.S. Highway 64 between Taos and Eagle Nest over the Fourth of July weekend.1 On Saturday, July 3, 1982, decedent Jerry Rose was driving his pickup truck west on U.S. 64, accompanied...

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