Galvan v. City of Albuquerque

OPINION

WOOD, Chief Judge.

A car-bicycle collision occurred on a two-lane section of Montgomery Street in Albuquerque. Plaintiff sued Avila, the police officer driver of the car, and his employer, the City of Albuquerque. The trial court first dismissed the City and then granted summary judgment in favor of Avila. The issues are: (1) sufficiency of an affidavit; (2) proximate cause; (3) wilful and wanton conduct; and (4) propriety of dismissing the City.

Sufficiency of an affidavit.

Plaintiff submitted an affidavit in opposition to Avila’s motion for summary judgment. We cannot tell from the…