Rekart V. Safeway Stores Inc. - New Mexico Court of Appeals

Rekart V. Safeway Stores Inc.

By New Mexico Court of Appeals

  • Release Date - Published: 1970-02-12
  • Book Genre: Law
  • Author: New Mexico Court of Appeals
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Rekart V. Safeway Stores Inc. New Mexico Court of Appeals read online review & book description:

A bottle of Pepsi Cola fell and cut plaintiff while she was a business invitee in defendant's store. She sued for personal injuries. 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. Perry v. Color Tile of New Mexico, (Ct. App.), 81 N.M. 143, 464 P.2d 562, decided January 16, 1970. Appealing, plaintiff contends there are factual issues as to defendant's liability. We affirm the summary judgment, discussing: (1) proximate cause; (2) whether sworn pleadings establish a fact issue; and (3) asserted admitted liability.

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