Kirby v. New Mexico State Highway Department

OPINION

WALTERS, Chief Judge.

In a suit for the wrongful death of Mark Cummings and for personal injuries suffered by Katherine Kirby, the jury returned a verdict against the State Highway Department (SHD) for $55,000 in favor of Cummings’s representative, and for a total of $17,207.09 for Kirby and her father/next friend. The trial court awarded plaintiffs’ costs against SHD. It refused SHD’s proposed form of judgment which provided for set-off on the jury verdicts to the extent of payments of $9,000 to Kirby and $22,500 for Cummings’ death made by another alleged, but not sued, joint…