(DOWNLOAD) "Kelly V. Montoya" by New Mexico Court of Appeals " eBook PDF Kindle ePub Free
eBook details
- Title: Kelly V. Montoya
- Author : New Mexico Court of Appeals
- Release Date : January 08, 1970
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 55 KB
Description
Plaintiff was injured in a multi-vehicle accident. The trial court granted defendant's motion for summary judgment. Summary judgment is not proper where there is the slightest issue as to a material fact. In deciding a motion for summary judgment, the trial court must view the matters presented and considered by it in the most favorable aspect they will bear in support of the right to a trial on the issues. Perry v. Color Tile of New Mexico, 81 N.M. 143, 464 P.2d 562 (Ct. App. 1970). We reverse the summary judgment discussing: (1) statutory violation; (2) foreseeability; (3) proximate cause and independent intervening cause; and (4) the burden of the party opposing summary judgment.
 "Kelly V. Montoya" by New Mexico Court of Appeals " eBook PDF Kindle ePub Free){kind=link}