Carrillo v. Hoyl

OPINION

LOPEZ, Judge.

A pickup truck collided with Hoyl’s mare which had escaped from Schnaubert’s corral. Plaintiffs are respectively the passenger, driver and owner of the pickup. Plaintiffs sued defendants for negligence. Defendants’ motions for summary judgment were granted. Plaintiffs appeal only from the summary judgment in favor of Schnaubert, claiming the Schnaubert summary judgment was improper because of the doctrine of res ipsa loquitur.

We first consider whether Schnaubert made a prima facie showing entitling him to summary judgment. Tapia v. McKenzie, 83 N.M. 116, 489 P.2d 181…