Legal Opinion
Kelly v. Montoya
New Mexico Court of Appeals
Decided May 8, 1970No. 429PublishedCited by 53 opinions
1Opinion of the Court
OPINION
WOOD, Judge.
Plaintiff was injured in a multi-vehicle accident. The trial court granted defendants’ motion for summary judgment. Summary judgment is not proper where there is the slightest issue as to a material fact. In deciding a motion for summary judgment, the trial court must view the matters presented and considered by it in the most favorable aspect they will bear in support of the right to a trial on the issues. Perry v. Color Title of New Mexico, 81 N.M. 143, 464 P.2d 562 (Ct.App.1970). We reverse the summary judgment discussing: (1) statutory violation; (2) foreseeability; (3)…
2Cases cited23 opinions
- Tapia v. Panhandle Steel Erectors CompanyNew Mexico Supreme Court · 1967
- Thompson v. AndermanNew Mexico Supreme Court · 1955
- Porter v. Norton-Stuart Pontiac-Cadillac of EnidSupreme Court of Oklahoma · 1965
- Horrocks v. RoundsNew Mexico Supreme Court · 1962
- Hughes v. WalkerNew Mexico Supreme Court · 1967
18 more not listed; retrieve them via the Exa API.
3Cited by53 opinions
- C & H Construction & Paving Co. v. Citizens BankNew Mexico Court of Appeals · 1979
- Terrel v. Duke City Lumber Company, Inc.New Mexico Court of Appeals · 1974
- City of Belen v. HarrellNew Mexico Supreme Court · 1979
- Galvan v. City of AlbuquerqueNew Mexico Court of Appeals · 1973
- Godbee v. DimickCourt of Appeals of Tennessee · 2006
48 more not listed; retrieve them via the Exa API.