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DRAKE v. TRUJILLO

No. 16,529.

924 P.2d 1386 (1996)

122 N.M. 374

Gertrude DRAKE, Plaintiff-Appellee/Cross-Appellant, v. Ricky TRUJILLO, Defendant-Appellant/Cross-Appellee.

Court of Appeals of New Mexico.

September 13, 1996.

Attorney(s) appearing for the Case

David Graham, Law Firm of David Graham, Taos, NM, for Plaintiff-Appellee/Cross-Appellant.

Thomas A. Simons, IV, Robert D. Sckalor, Simons, Cuddy & Friedman, L.L.P., Santa Fe, NM, for Defendant-Appellant/Cross-Appellee.

OPINION

PICKARD, Judge.

1. This appeal and cross-appeal concern a negligence action. Defendant appeals the district court's grant of a new trial to Plaintiff after the first trial resulted in a verdict for Defendant. Defendant also appeals the district court's award of costs to Plaintiff when the judgment for Plaintiff in the second trial did not exceed the amount of an offer of judgment Defendant made before the first trial. Plaintiff cross-appeals...

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