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MADRID v. NEW MEXICO STATE HIGHWAY DEPT.

Nos. 13487, 14000.

870 P.2d 133 (1994)

117 N.M. 171

John MADRID, Individually and as Conservator of the Estate of Ruben Madrid, a minor, and personal representative for the heirs of Armida Ramirez Madrid, deceased, and the United States of America, Plaintiffs-Appellants, v. NEW MEXICO STATE HIGHWAY DEPARTMENT, an agency of the State of New Mexico, Robert and Jacqueline Blair, d/b/a Turner Ranch, and Stephen Yniquez, Defendants-Appellees.

Court of Appeals of New Mexico.

Certiorari Denied February 18, 1994.

February 25, 1994.

Attorney(s) appearing for the Case

Frank K. Wilson, Wilson & Rank, Alamogordo, for plaintiffs-appellants.

Frank N. Chavez, William A. Walker, Jr., Reeves, Chavez, Greenfield, Acosta & Walker, P.A., Las Cruces, for defendant-appellee NM State Highway Dept.

Nancy Augustus, Walter R. Parr, Miller, Stratvert, Torgerson & Schlenker, P.A., Albuquerque, for defendants-appellees Robert and Jacqueline Blair.

OPINION

BIVINS, Judge.

This action arose out of a collision in which a motorcycle hit a cow on a state highway south of Silver City, New Mexico. The driver and owner of the motorcycle, John Madrid (Plaintiff Madrid), was injured and his passenger, Armida Ramirez Madrid, was killed. Although the state highway where the collision occurred was fenced along the majority of its length, the cow could have escaped onto the highway through a gap or hole in...

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