Martinez v. City of Albuquerque

OPINION

WOOD, Chief Judge.

The issue is whether the trial court erred in granting summary judgment on the basis that plaintiff was contributorily negligent as a matter of law.

Plaintiff was driving his car on a road, part of which was under construction. The road narrowed so that it was just wide enough for one vehicle as it approached and crossed an irrigation ditch. The ditch crossing was raised several feet above the level of the road. A manhole, in the western slope of the ditch crossing, protruded some 7 to 9 inches above the slope at the western edge of the manhole.

Plaintiff, driving east,…