Legal Opinion

Lay v. Vip's Big Boy Restaurant, Inc.

New Mexico Court of Appeals

Decided March 16, 1976No. 1980PublishedCited by 11 opinions

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

  1. Greenman v. Yuba Power Products, Inc.California Supreme Court · 1963
  2. Goodman v. Brock Ex Rel. Estate of BrockNew Mexico Supreme Court · 1972
  3. Stang v. Hertz CorporationNew Mexico Supreme Court · 1972
  4. Mozert v. NoedingNew Mexico Supreme Court · 1966
  5. Dahl v. TurnerNew Mexico Court of Appeals · 1969

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

3Cited by11 opinions

  1. Ruiz v. Southern Pacific Transportation Co.New Mexico Court of Appeals · 1981
  2. Trujillo Ex Rel. Estate of Trujillo v. TreatNew Mexico Court of Appeals · 1988
  3. Amato v. Rathbun Realty, Inc.New Mexico Court of Appeals · 1982
  4. Deakin v. PuttNew Mexico Court of Appeals · 1979
  5. Ligocky v. WilcoxNew Mexico Court of Appeals · 1980

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

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