Legal Opinion

Harless v. Ewing

New Mexico Court of Appeals

Decided May 1, 1970No. 416PublishedCited by 22 opinions

1Opinion of the Court

OPINION

WOOD, Judge.

We reversed a summary judgment for defendant in Harless v. Ewing, 80 N.M. 149, 452 P.2d 483 (Ct.App.1969). The case has now been tried. The jury returned a verdict for plaintiff; defendant appeals. The issues concern: (1) res ipsa loquitur; (2) the loaned employee doctrine; (3) volunteer; and (4) assumption of risk. We consider each of these issues and affirm. Since the issues are basically resolved by the evidence, we review it before applying it to the legal questions presented.

Mr. Swift, plaintiff’s employer, had an agreement to haul caliche by the yard. He had three…

2Cases cited22 opinions

  1. Tapia v. Panhandle Steel Erectors CompanyNew Mexico Supreme Court · 1967
  2. North Memphis Sav. Bank v. Union Bridge & Construction Co.Tennessee Supreme Court · 1917
  3. Garcia v. Barber's Super Markets, Inc.New Mexico Court of Appeals · 1969
  4. Renfro v. JD Coggins CompanyNew Mexico Supreme Court · 1963
  5. Tuso v. MarkeyNew Mexico Supreme Court · 1956

17 more not listed; retrieve them via the Exa API.

3Cited by22 opinions

  1. Tipton v. Texaco, Inc.New Mexico Supreme Court · 1985
  2. Smith v. KlebanoffNew Mexico Court of Appeals · 1972
  3. Westbrook v. Lea General HospitalNew Mexico Court of Appeals · 1973
  4. Mireles v. BroderickNew Mexico Supreme Court · 1994
  5. Gurule v. Albuquerque-Bernalillo County Economic Opportunity BoardNew Mexico Court of Appeals · 1972

17 more not listed; retrieve them via the Exa API.

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