Lay v. Vip's Big Boy Restaurant, Inc.
New Mexico Court of Appeals
1Opinion of the Court
OPINION
HENDLEY, Judge.
Plaintiff appeals a summary judgment granted in favor of the defendant. The facts are simply stated: plaintiff was eating in defendant’s restaurant when a window blew in and injured him. Plaintiff’s complaint was framed in three counts: negligence (which included res ipsa); implied warranty; and strict liability.
In considering a motion for summary judgment, the trial court must go beyond the allegations of the complaint and determine whether a claim can in reality be supported on the grounds alleged. Morris v. Miller & Smith Mfg. Co., 69 N.M. 238, 365 P.2d 664 (1961);…
Also in this document: Concurrence.
2Cases cited13 opinions
- Greenman v. Yuba Power Products, Inc.California Supreme Court · 1963
- Goodman v. Brock Ex Rel. Estate of BrockNew Mexico Supreme Court · 1972
- Stang v. Hertz CorporationNew Mexico Supreme Court · 1972
- Mozert v. NoedingNew Mexico Supreme Court · 1966
- Dahl v. TurnerNew Mexico Court of Appeals · 1969
8 more not listed; retrieve them via the Exa API.
3Cited by11 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
- Amato v. Rathbun Realty, Inc.New Mexico Court of Appeals · 1982
- Deakin v. PuttNew Mexico Court of Appeals · 1979
- Ligocky v. WilcoxNew Mexico Court of Appeals · 1980
6 more not listed; retrieve them via the Exa API.