Legal Opinion

Maisel v. Wholesome Dairy, Inc.

New Mexico Court of Appeals

Decided June 7, 1968No. 175PublishedCited by 9 opinions

1Opinion of the Court

OPINION

WOOD, Judge.

This is an automobile accident case. The jury awarded damages to Maisel and Cook. Wholesome (Wholesome Dairy, Inc.) appeals. The issues are: (1) Is the Maisel. verdict excessive; (2) Should the j ury have been informed of Maisel’s life expectancy; and (3) Should the jury have been allowed to consider the value of' earnings lost; in determining Cook’s damages?

Is the Maisel verdict excessive?

Chavez v. Atchison, Topeka & Santa Fe Railway Co., 77 N.M. 346, 423 P.2d 34 (1967) states:

“The question of excessiveness is determined by (1) whether the evidence, viewed in the light…

2Cases cited9 opinions

  1. Frei v. BrownleeNew Mexico Supreme Court · 1952
  2. Hughes v. WalkerNew Mexico Supreme Court · 1967
  3. Curtis v. Schwartzman Packing CompanyNew Mexico Supreme Court · 1956
  4. Hanberry v. FitzgeraldNew Mexico Supreme Court · 1963
  5. Bailey v. Jeffries-Eaves, Inc.New Mexico Supreme Court · 1966

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

3Cited by9 opinions

  1. Ammerman v. Hubbard Broadcasting, Inc.New Mexico Supreme Court · 1976
  2. Sweitzer v. SanchezNew Mexico Court of Appeals · 1969
  3. Morris v. RogersNew Mexico Supreme Court · 1969
  4. Alvillar v. HatfieldNew Mexico Court of Appeals · 1971
  5. Hale v. Furr's IncorporatedNew Mexico Court of Appeals · 1973

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

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