GARCIA v. GORDON

No. 23,933.

98 P.3d 1044 (2004)

136 N.M. 394

2004-NMCA-114

Bennie GARCIA, Plaintiff-Appellant, v. Officer J. GORDON, Valencia County Sheriff's Department and Valencia County, Defendants-Appellees.

Court of Appeals of New Mexico.

July 22, 2004.


Attorney(s) appearing for the Case

Michael R. Griego, Pedro G. Rael, Rael and Sanchez, Los Lunas, NM, for Appellant.

Lisa P. Ford, Wagner, McBride, Ford & Associates, P.A., Albuquerque, NM, for Appellees.


OPINION

VIGIL, Judge.

{1} The jury found that Defendant falsely arrested and falsely imprisoned Plaintiff, resulting in $55,000 in compensatory damages. Over Plaintiff's objection, the jury was allowed to determine whether Plaintiff was comparatively negligent, and the jury found that Plaintiff was 25% negligent. Plaintiff was awarded a judgment of $41,250 in compensatory damages, plus costs, after the reduction of 25% from the gross jury verdict...

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