MONTOYA v. PEARSON

No. 25,455.

142 P.3d 11 (2006)

2006-NMCA-097

Paul MONTOYA, Plaintiff-Appellant/Cross-Appellee, v. Don PEARSON, Defendant-Appellee/Cross-Appellant, and Jun Zhao, Defendant-Appellee.

Court of Appeals of New Mexico.

Certiorari Denied August 17, 2006.


Attorney(s) appearing for the Case

Will Ferguson & Associates, P.C., Albert N. Thiel, Jr., Albuquerque, NM, for Appellant/Cross-Appellee.

Guebert, Bruckner & Bootes, P.C., Don Bruckner, Valerie S. Reighard, Albuquerque, NM, for Appellee/Cross-Appellant.

Miller Stratvert P.A., Kelsey D. Green, H. Brook Laskey, Albuquerque, NM, for Appellee.


Certiorari Denied, No. 29,684, August 17, 2006.

OPINION

PICKARD, Judge.

{1} The issue we confront in this case is whether a plaintiff who was injured in a negligently caused auto accident that also killed his passenger may recover damages for the emotional distress of seeing that passenger killed. This is an issue of first impression in New Mexico. In Madrid v. Lincoln County Medical Center, 1996-NMSC-049, ¶ 11,

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