Collins v. Michelbach

OPINION

FEDERICI, Justice.

This action was brought by the petitioner Collins (plaintiff) in the District Court of Bernalillo County to recover damages for injuries arising out of a collision. The jury returned a verdict for respondents (defendants). At the trial, the court instructed the jury on plaintiff’s burden of proof. It gave N.M.U.J.I. Civ. 3.1. On appeal, the Court of Appeals held that there was substantial evidence to support the jury’s verdict, but it refused to discuss or review plaintiff’s second point, which challenged the validity of the above instruction.

The question presented by…