Deem Ex Rel. Estate of Deem v. Woodbine Manufacturing Co.
New Mexico Court of Appeals
1Opinion of the Court
OPINION
SUTIN, Judge.
This is a products liability case tried by the court. It involves a hydraulic lift gate manufactured by the defendant and attached to the rear end of a delivery truck. Eric Deem, a four-year-old child, operated the lift gate and was injured. At the close of plaintiffs’ case, the trial court granted defendant’s motion to dismiss under Rule 41(b) of the Rules of Civil Procedure [§ 21-1-1(41) (b), N.M.S.A. 1953 (Repl.Vol. 4)]. Plaintiffs appeal. We reverse.
The trial court made the following findings of fact and conclusions of law:
FINDINGS OF FACT
1. Since 1965 Defendant,…
Also in this document: Concurrence.
2Cases cited30 opinions
- Bexiga v. Havir Manufacturing Corp.Supreme Court of New Jersey · 1972
- Winnett v. WinnettIllinois Supreme Court · 1974
- Pike v. Frank G. Hough Co.California Supreme Court · 1970
- McCormack v. Hankscraft CompanySupreme Court of Minnesota · 1967
- Bolm v. Triumph Corp.New York Court of Appeals · 1973
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3Cited by12 opinions
- Blevins v. Cushman MotorsSupreme Court of Missouri · 1977
- Union Supply Co. v. PustSupreme Court of Colorado · 1978
- Skyhook Corp. v. JasperNew Mexico Supreme Court · 1977
- Gilbert v. Stone City Const. Co., Inc.Indiana Court of Appeals · 1976
- Novak v. Piggly Wiggly Puget Sound Co.Court of Appeals of Washington · 1979
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