Legal Opinion
Sweenhart v. Co-Con, Inc.
New Mexico Court of Appeals
Decided February 24, 1981No. 4799PublishedCited by 13 opinions
1Opinion of the Court
OPINION
WALTERS, Judge.
In this wrongful death case, the trial court granted defendant’s motion for summary judgment on grounds of decedent’s contributory negligence. .We reverse because a material issue of fact exists relative to proximate cause. Since the case must be remanded for trial, we also discuss an evidentiary matter raised by appellant.
1. Summary judgment should only be granted where “there is no genuine issue as to any material fact and [where] the moving party is entitled to a judgment as a matter of law.” N.M.R.Civ.P. 56(c), N.M.S. A.1978 (1980 Repl.Pam.); Oschwald v. Christie,…
2Cases cited7 opinions
- United States v. JanisSupreme Court of the United States · 1976
- Goodman v. Brock Ex Rel. Estate of BrockNew Mexico Supreme Court · 1972
- Fitzgerald v. ValdezNew Mexico Supreme Court · 1967
- Oschwald v. ChristieNew Mexico Supreme Court · 1980
- Zamora Ex Rel. Zamora v. J. Korber & Co.New Mexico Supreme Court · 1954
2 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Ruiz v. Southern Pacific Transportation Co.New Mexico Court of Appeals · 1981
- Trujillo Ex Rel. Estate of Trujillo v. TreatNew Mexico Court of Appeals · 1988
- Owens Ex Rel. Owens v. Leavitts Freight Service, Inc.New Mexico Court of Appeals · 1987
- Estate of Mitchum v. Triple S TruckingNew Mexico Court of Appeals · 1991
- Ponce v. ButtsNew Mexico Court of Appeals · 1986
8 more not listed; retrieve them via the Exa API.