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DUNLEAVY v. MILLER

No. 20642.

862 P.2d 1212 (1993)

116 N.M. 353

Julie DUNLEAVY, Plaintiff-Respondent, v. Stephen A. MILLER, Defendant-Petitioner.

Supreme Court of New Mexico.

October 22, 1993.

Attorney(s) appearing for the Case

Felker, Ish, Hatcher, Ritchie, Sullivan & Geer, P.A., Scott P. Hatcher, Mariana G. Geer, Santa Fe, for defendant-petitioner.

Carpenter & Chavez, Ltd., William H. Carpenter, David J. Stout, Albuquerque, for plaintiff-respondent.

OPINION

MONTGOMERY, Justice.

We granted certiorari to review the defendant-petitioner's contention that New Mexico should withdraw adherence to the "sudden emergency" doctrine in negligence cases and discontinue use of the corresponding Uniform Jury Instruction on sudden emergency, SCRA 1986, 13-1617 (Repl. Pamp. 1991) (UJI Civil 1617). In addition, the case raises the question whether a plaintiff who recovers a judgment against the defendant but...

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