Marchiondo v. Roper

OPINION

SOSA, Justice.

Plaintiff James Roper, as administrator of the estate of his deceased wife Geraldine Roper, sought to recover damages from defendants for the negligent sale of intoxicating liquor to Jennie Sandoval, who in an inebriated condition left their tavern in her automobile and later struck and killed Mrs. Roper. The trial court granted defendants’ motion to dismiss for failure to state a cause of action. The Court of Appeals reversed. We granted certiorari.

On October 12,1973, Geraldine Roper was struck and killed in Raton, New Mexico, by an automobile driven by Jennie Sandoval.…