Legal Opinion

Tapia Ex Rel. Gauna v. McKenzie

New Mexico Court of Appeals

Decided August 22, 1973No. 1086PublishedCited by 10 opinions

1Opinion of the Court

OPINION

HERNANDEZ, Judge.

This is the second appeal in this case. The first resulted in a reversal of a summary judgment granted the defendant. Tapia v. McKenzie, 83 N.M. 116, 489 P.2d 181 (Ct.App.1971). The subsequent jury-trial resulted in a judgment for the plaintiff. Defendant appeals alleging that the trial court erred in denying his motion for a directed verdict and judgment n. o. v. He argues that the evidence did not establish the factual elements necessary for an application of the doctrine of res ipsa loquitur and that there was no evidence of any negligence on the part of the…

2Cases cited10 opinions

  1. Stambaugh v. HayesNew Mexico Supreme Court · 1940
  2. Michelson v. HouseNew Mexico Supreme Court · 1950
  3. Garcia v. Barber's Super Markets, Inc.New Mexico Court of Appeals · 1969
  4. Renfro v. JD Coggins CompanyNew Mexico Supreme Court · 1963
  5. Buchanan v. DowningNew Mexico Supreme Court · 1964

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3Cited by10 opinions

  1. Archibeque v. HomrichNew Mexico Supreme Court · 1975
  2. Curtiss v. Aetna Life Ins. Co.New Mexico Court of Appeals · 1976
  3. Martinez v. TeagueNew Mexico Court of Appeals · 1981
  4. Marlys J. Udseth, as Administratrix of the Estate of Peter D. Udseth, Deceased v. United StatesCourt of Appeals for the Tenth Circuit · 1976
  5. Campbell v. FIRST NATIONAL BANK IN ALBUQUERQUE, NMDistrict Court, D. New Mexico · 1973

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