YOUNT v. JOHNSON

No. 15792.

915 P.2d 341 (1996)

121 N.M. 585

Kathryn YOUNT, as mother and next friend of Matthew Monett, a minor, Plaintiff-Appellant, v. Larry JOHNSON, Defendant-Appellee.

Court of Appeals of New Mexico.

March 26, 1996.


Attorney(s) appearing for the Case

Duhigg, Cronin & Spring, P.A., Paul S. Cronin and Helena Gorochow, Albuquerque, for Appellant.

Sager, Curran, Sturges & Tepper, P.C., Matthew P. Holt, Las Cruces, for Appellee.


OPINION

BOSSON, Judge.

1. While engaging in horseplay during high school, Defendant Larry Johnson, then age 17, injured Matthew Monett, age 15. Monett seeks to recover against Johnson for some or all of his damages under a theory of comparative negligence. The district court issued summary judgment against Monett, concluding that Johnson could be sued only for recklessness or intentional and wilful misconduct...

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