Duffey ex rel. Duffey v. Consavage

OPINION

GARCIA, Judge.

Defendant appeals from a summary judgment rendered against her in a personal injury action. The sole issue on appeal is whether the decision of Guess v. Gulf Ins. Co., 96 N.M. 27, 627 P.2d 869 (1981), abolishing parental immunity in New Mexico, should be purely prospective in application.

FACTS

This is a suit for personal injury filed by plaintiffs against defendant, their mother, arising out of an automobile, accident occurring in 1970. At the time of the accident, plaintiffs were minors and the statute of limitations was tolled. Suit was filed in 1985, after the supreme…