(Download) "Trujillo V. Berry" by New Mexico Court of Appeals # eBook PDF Kindle ePub Free
eBook details
- Title: Trujillo V. Berry
- Author : New Mexico Court of Appeals
- Release Date : January 21, 1987
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 50 KB
Description
Defendant Suds-Z Car Wash (Suds-Z) appeals the trial court's amended order dismissing its cross-claim for failure to state a claim for relief. See SCRA 1986, 1-012(B)(6). The cross-claim for indemnification arose from an action brought by plaintiff, Angela Trujillo, against defendants Suds-Z, H & P Equipment Company (H & P), and Gayle Price, H & P's employee, to recover damages for personal injuries suffered at a commercial car wash. Plaintiff claims that car wash equipment sold by H & P and installed by Price fell from the ceiling at the car wash and struck her head. Plaintiff sought recovery based on claims of negligence, strict products liability, breach of warranty, and outrageous and reckless conduct. Defendant Suds-Z cross-claimed against defendant H & P, requesting indemnification if plaintiff recovered against Suds-Z under the strict products liability theory or the breach of warranty theory. Defendants H & P and Price filed a motion to dismiss the cross-claim on the ground that it failed to state a claim for relief because indemnity is not a remedy in a pure comparative negligence jurisdiction. The trial court dismissed the cross-claim, ruling that under a pure comparative negligence system, traditional indemnity principles have been superseded. Suds-Z has not briefed its claim for indemnity in the event plaintiff prevails on the breach of warranty theory, and thus this issue is deemed abandoned. See State v. Gammill, 102 N.M. 652, 699 P.2d 125 (Ct. App.1985). Although Price joined in the motion to dismiss, we do not consider Price a party to this appeal since the cross-claim sought relief only against H & P.
 "Trujillo V. Berry" by New Mexico Court of Appeals # eBook PDF Kindle ePub Free){kind=link}