Legal Opinion
Rekart v. Safeway Stores, Inc.
New Mexico Court of Appeals
Decided February 13, 1970No. 390PublishedCited by 43 opinions
1Opinion of the Court
OPINION
WOOD, Judge.
A bottle of Pepsi Cola fell and cut plaintiff while she was a business invitee in defendant’s store. She sued for personal injuries. The trial court granted defendant’s motion for summary judgment. Summary judgment is not proper where there is the slightest issue as to a material fact. Perry v. Color Tile of New Mexico, (Ct. App.), 81 N.M. 143, 464 P.2d 562, decided January 16, 1970. Appealing, plaintiff contends there are factual issues as to defendant’s liability. We affirm the summary judgment, discussing: (1) proximate cause; (2) whether sworn pleadings establish a fact…
2Cases cited23 opinions
- Lear, Inc. v. AdkinsSupreme Court of the United States · 1969
- Automatic Radio Mfg. Co., Inc. v. Hazeltine Research, IncSupreme Court of the United States · 1950
- Tapia v. Panhandle Steel Erectors CompanyNew Mexico Supreme Court · 1967
- Dahl v. TurnerNew Mexico Court of Appeals · 1969
- The American Securit Company, a Corporation v. Hamilton Glass Company, Inc., a CorporationCourt of Appeals for the Seventh Circuit · 1958
18 more not listed; retrieve them via the Exa API.
3Cited by43 opinions
- Goodman v. Brock Ex Rel. Estate of BrockNew Mexico Supreme Court · 1972
- Novak v. DowNew Mexico Court of Appeals · 1970
- Ettenson v. BurkeNew Mexico Court of Appeals · 2000
- Smith v. KlebanoffNew Mexico Court of Appeals · 1972
- Oschwald v. ChristieNew Mexico Supreme Court · 1980
38 more not listed; retrieve them via the Exa API.