Legal Opinion

Duran v. Lovato

New Mexico Court of Appeals

Decided December 2, 1982No. 5733PublishedCited by 18 opinions

1Opinion of the Court

OPINION

LOPEZ, Judge.

The plaintiff appeals an adverse judgment in her suit for personal injuries as a result of being hit by defendant’s automobile. We reverse. The issues presented are: 1. Whether the court erred in permitting Officer Archuleta to give opinion testimony, and in not striking that portion of the opinion uttered over objections, and 2. Whether the court erred in denying plaintiff’s motion for a hearing on jury misconduct and motion for mistrial.

FACTS

At 5:15 p.m. on November 26, 1976, the plaintiff, a pedestrian, was struck by an automobile driven by the defendant on North…

2Cases cited17 opinions

  1. McDonald v. PlessSupreme Court of the United States · 1915
  2. Government of the Virgin Islands v. Beaumont Gereau, in Nos. 74-2019, 74-2020, 74-2021, 74-2022,74-2023Court of Appeals for the Third Circuit · 1975
  3. United States v. James Theodore EagleCourt of Appeals for the Eighth Circuit · 1976
  4. State v. HargroveNew Mexico Court of Appeals · 1970
  5. Gilbert v. Gulf Oil CorporationCourt of Appeals for the Fourth Circuit · 1949

12 more not listed; retrieve them via the Exa API.

3Cited by18 opinions

  1. State v. ChamberlainNew Mexico Supreme Court · 1991
  2. State v. DowneyNew Mexico Supreme Court · 2008
  3. State v. DoeNew Mexico Court of Appeals · 1983
  4. State v. SacomanNew Mexico Supreme Court · 1988
  5. State v. RiveraNew Mexico Court of Appeals · 1997

13 more not listed; retrieve them via the Exa API.

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