Legal Opinion

Butcher Ex Rel. Butcher v. Safeway Stores, Inc.

New Mexico Court of Appeals

Decided November 21, 1967No. 57PublishedCited by 6 opinions

1Opinion of the Court

OPINION.

WOOD, Judge.

The complaint sought damages for wrongful death and personal injuries resulting from a car-truck collision at an intersection. The trial court granted summary judgment in favor of the defendants. Plaintiff’s appeal contends there were factual issues as to the negligence of defendants and thus summary judgment was improperly granted.

Summary judgment is proper when there is no genuine issue as to a material fact and the moving party is entitled to judgment as a matter of law. Worley v. United States Borax and Chemical Corp., 78 N.M. 112, 428 P.2d 651 (1967). It is not proper…

2Cases cited9 opinions

  1. Ute Park Summer Homes Ass'n v. Maxwell Land Grant Co.New Mexico Supreme Court · 1967
  2. Minugh v. Royal Crown Bottling Co.Court of Appeals of Texas · 1954
  3. Horrocks v. RoundsNew Mexico Supreme Court · 1962
  4. Worley v. United States Borax and Chemical Corp.New Mexico Supreme Court · 1967
  5. Langenegger v. McNallyNew Mexico Supreme Court · 1946

4 more not listed; retrieve them via the Exa API.

3Cited by6 opinions

  1. Humbert v. SellarsOregon Supreme Court · 1985
  2. Lopez v. MaesNew Mexico Court of Appeals · 1970
  3. Wisehart v. Mountain States Telephone & Telegraph Co.New Mexico Court of Appeals · 1969
  4. Williamson v. SmithNew Mexico Court of Appeals · 1971
  5. Allen v. PapasNew Mexico Court of Appeals · 1969

1 more not listed; retrieve them via the Exa API.

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