Legal Opinion
Hinojosa v. Nielson
New Mexico Court of Appeals
Decided October 15, 1971No. 706PublishedCited by 11 opinions
1Opinion of the Court
OPINION
WOOD, Chief Judge.
The trial court held that plaintiff assumed the risk of a slip and fall as a matter of law and granted summary judgment in favor of defendant. Plaintiff’s appeal asserts there was a factual issue as to assumption of risk and summary judgment was improper. See Coe v. City of Albuquerque, 81 N.M. 361, 467 P.2d 27 (1970). We agree and reverse.
Plaintiff was employed by defendant as a farm and ranch laborer. Because of a prior injury to his leg or ankle, he was using crutches. It is undisputed that defendant told plaintiff to stop using the crutches and to use a cane. The…
2Cases cited8 opinions
- Tapia v. Panhandle Steel Erectors CompanyNew Mexico Supreme Court · 1967
- Kelly v. MontoyaNew Mexico Court of Appeals · 1970
- Hughes v. WalkerNew Mexico Supreme Court · 1967
- Johnson v. J. S. & H. Construction Co.New Mexico Court of Appeals · 1969
- Francis v. JohnsonNew Mexico Court of Appeals · 1970
3 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Sanders v. SmithNew Mexico Court of Appeals · 1972
- Latimer Ex Rel. Grayes v. City of ClovisNew Mexico Court of Appeals · 1972
- Steadman v. TurnerNew Mexico Court of Appeals · 1973
- Ponce v. ButtsNew Mexico Court of Appeals · 1986
- Huerta v. New Jersey Zinc CompanyNew Mexico Court of Appeals · 1973
6 more not listed; retrieve them via the Exa API.