Albuquerque Hilton Inn v. Haley

OPINION

EASLEY, Justice.

This case arose as a civil action for damages in the District Court of Bernalillo County. The trial court, finding § 49-6-1, N.M.S.A.1953 (Repl. Vol. 7,1966) applicable, granted the motion of defendant-appelleepetitioner (hereinafter Hilton) for partial summary judgment against plaintiff-appellant-respondent (hereinafter Haley). The Court of Appeals reversed and remanded for trial with each of the panel writing a separate opinion basing the inapplicability of § 49-6-1, supra, on different grounds. We granted Hilton’s petition for writ of certiorari, and now reverse the…