Legal Opinion

Fitzgerald v. Valdez

New Mexico Supreme Court

Decided April 24, 1967No. 8208PublishedCited by 44 opinions

1Opinion of the Court

OPINION

WOOD, Judge, Court of Appeals.

The issues decided concern: (1) contributory negligence as a matter of law and (2) the family immunity doctrine.

Warren Lee Fitzgerald, son of Roy B. Fitzgerald, had difficulty in starting his car and asked his father for assistance. Twice his father, in his car, pushed Warren’s car until it started. Warren’s car stalled again. The father drove his car in front of his son’s car and was between the two vehicles attaching a tow chain when Warren’s car was struck in the rear by a vehicle driven by Mr. Valdez. The father died from injuries received in this…

2Cases cited31 opinions

  1. Gillikin v. BurbageSupreme Court of North Carolina · 1965
  2. Mozert v. NoedingNew Mexico Supreme Court · 1966
  3. Bouldin v. SategnaNew Mexico Supreme Court · 1963
  4. Farrar v. FarrarCourt of Appeals of Georgia · 1930
  5. Yellow Cab Co. of D. C., Inc. v. DreslinCourt of Appeals for the D.C. Circuit · 1950

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

3Cited by44 opinions

  1. Bartlett v. New Mexico Welding Supply, Inc.New Mexico Court of Appeals · 1982
  2. Archibeque v. HomrichNew Mexico Supreme Court · 1975
  3. Rekart v. Safeway Stores, Inc.New Mexico Court of Appeals · 1970
  4. Galvan v. City of AlbuquerqueNew Mexico Court of Appeals · 1973
  5. Ruiz v. Southern Pacific Transportation Co.New Mexico Court of Appeals · 1981

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

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