Salazar v. Murphy

MOISE, Justice.

This is a wrongful death action brought by plaintiff-appellant against the defendants-appellees alleging that plaintiff is the ancillary administrator of decedent’s estate, that defendant Armijo was the driver of a truck belonging to defendant Murphy and that Armijo’s negligent driving caused the death of decedent. The defendants answered denying the alleged negligence, and pleaded affirmatively contributory negligence and res judicata. Plaintiff moved to strike the defense of res judicata and defendants moved for summary judgment. Plaintiff’s motion was overruled and the…