Legal Opinion · Dissent

Gutierrez v. Albertsons, Inc.

New Mexico Court of Appeals

Decided November 21, 1991No. 10954Published

1DissentBivins, Judge

Where a jury has found negligence, the reviewing court must consider the evidence in a light most favorable to support the verdict, and should not reverse unless convinced that there was neither evidence nor inferences therefrom which will support the verdict. Lewis v. Barber’s Super Mkts., Inc., 72 N.M. 402, 403-04, 384 P.2d 470, 471 (1963); see also Barakos v. Sponduris, 64 N.M. 125, 127, 325 P.2d 712, 713 (1958). My review convinces me that reversal is mandated.

A. FACTUAL BACKGROUND

With that standard in mind, I will set forth the relevant facts. On Friday, May 25, 1984, Plaintiff fell…

2Cases cited24 opinions

  1. Woolwine v. Furr's, Inc.New Mexico Court of Appeals · 1987
  2. State v. ManusNew Mexico Supreme Court · 1979
  3. Stambaugh v. HayesNew Mexico Supreme Court · 1940
  4. Foodtown Stores, Inc. v. PattersonSupreme Court of Alabama · 1968
  5. De Baca v. KahnNew Mexico Supreme Court · 1945

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