Hernandez v. Brooks
New Mexico Court of Appeals
1Opinion of the Court
OPINION
LOPEZ, Judge.
Defendant Richard Brooks, age 16, was driving a car in which his mother, Mary Brooks, was a passenger, when he hit Plaintiff, Joel Hernandez, age 13, who had just alighted from a school bus and was proceeding to cross the street. Plaintiffs appeal from a judgment entered on a jury verdict for Defendants. We hold that it was reversible error for the court to instruct the jury to the effect that Plaintiff (Joel Hernandez) was negligent as a matter of law if he darted into the path of the vehicle when it was too close to yield.
On April 15, 1977, Richard Brooks struck and…
Also in this document: Concurrence.
2Cases cited6 opinions
- Bouldin v. SategnaNew Mexico Supreme Court · 1963
- Gray v. EsslingerNew Mexico Supreme Court · 1942
- Zamora Ex Rel. Zamora v. J. Korber & Co.New Mexico Supreme Court · 1954
- Vernon Company v. ReedNew Mexico Supreme Court · 1967
- Pitner v. LoyaNew Mexico Supreme Court · 1960
1 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Valdez v. Cillessen & Son, Inc.New Mexico Supreme Court · 1987
- Behrens v. Raleigh Hills Hospital, Inc.Utah Supreme Court · 1983
- McNeely v. HenryNew Mexico Court of Appeals · 1984
- Paez v. Burlington Northern Santa Fe Railway Ex Rel. CommissionersNew Mexico Court of Appeals · 2015
- Hernandez v. BrooksNew Mexico Court of Appeals · 1980
4 more not listed; retrieve them via the Exa API.