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CRESS v. SCOTT

No. 21205.

868 P.2d 648 (1994)

117 N.M. 3

Tom CRESS, Plaintiff-Appellant, v. Robert SCOTT d/b/a Western Auto Electric, Defendant-Appellee.

Supreme Court of New Mexico.

January 18, 1994.

Attorney(s) appearing for the Case

Watrous & Reardon, Thomas S. Watrous, Terry Allbrooks, Albuquerque, for plaintiff-appellant.

Civerolo, Wolf, Gralow & Hill, P.A., Lawrence H. Hill, RaMona G. Bootes, Albuquerque, for defendant-appellee.

OPINION

RANSOM, Chief Justice.

Tom Cress appeals from the grant of a partial summary judgment against him and in favor of Robert Scott, doing business as Western Auto Electric. Based on its reading of the New Mexico uniform jury instructions, the trial court dismissed Cress's claim for loss-of-use damages in his suit for breach of an automobile repair contract. We reverse.

Facts. In June 1988, Cress purchased a used Maserati automobile for...

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