Lucero v. New Mexico State Highway Department

McGHEE, Justice.

The appellants were the defendant and intervenor, respectively, .below and seek the reversal of an adverse judgment there rendered which awarded damages against the defendant in the sum of $5,000 on account of personal injuries sustained by the plaintiff when he was struck by a tire blown from the wheel of a road grader being operated by a state employee. The intervenor had paid a consent judgment for more than $3,000 in a suit against it under the Workmen’s Compensation Act and sought subrogation in the amount paid on account of such claim.

The action was brought under…