Syroid Ex Rel. Syroid v. Albuquerque Gravel Products Co.

OPINION

OMAN, Justice.

Insofar as pertinent to this appeal, plaintiff sought recovery from defendants of medical expenses and damages for personal injuries allegedly sustained by his minor daughter in a single automobile accident. The claim was based on alleged negligence of defendants, who pleaded contributory negligence as a defense. Plaintiff moved to strike this defense on the ground that contributory negligence is no longer a sufficient and valid defense to negligence on the part of a defendant, and urged that this defense be judicially replaced in New Mexico by the doctrine of comparative…