Gushurst v. Benham

Wanda Billie Benham, hereinafter referred to as the claimant, filed a claim against the estate of one Francis Wilson Hennis in the County Court of Otero County. Francis Wilson Hennis will hereinafter be referred to as Hennis, and his son will be referred to by full name. This claim stemmed from an automobile accident and claimant alleged that she suffered damages in the amount of $25,471.20 as a result of the negligence of Hennis. Trial to a jury culminated in a verdict in favor of the claimant in the amount of $15,000.

Upon appeal to the district court, the trial judge dismissed the attempted…