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NEW MEXICO STATE HIGHWAY DEPT. v. VAN DYKE

Nos. 11046, 11050.

563 P.2d 1150 (1977)

90 N.M. 357

NEW MEXICO STATE HIGHWAY DEPARTMENT, Petitioner, v. Knox VAN DYKE, Administrator of the Estate of Anita Van Dyke, Deceased, and Knox Van Dyke as parent and next friend of Richard Van Dyke, a minor, Respondents. Knox VAN DYKE, Administrator of the Estate of Anita Van Dyke, Deceased, and Knox Van Dyke as parent and next friend of Richard Van Dyke, a minor, and Knox Van Dyke, Individually, Petitioner, v. NEW MEXICO STATE HIGHWAY DEPARTMENT, and the Millers Mutual Fire Insurance Company of Texas, Respondents.

Supreme Court of New Mexico.

Rehearing Denied May 17, 1977.

Attorney(s) appearing for the Case

Toney Anaya, Atty. Gen., James V. Noble, Asst. Atty. Gen., Richard L. Russell, Chief Counsel, N.M. State Highway Dept., Santa Fe, Rodey, Dickason, Sloan, Akin & Robb, P.A., James C. Ritchie, Albuquerque, for N.M. State Highway Dept.

S.S. Koch, W.B. Kelly, White, Koch, Kelly & McCarthy, Santa Fe, for Knox Van Dyke.

Modrall, Sperling, Roehl, Harris & Sisk, Allen C. Dewey, Jr., Albuquerque, for The Millers Mut. Fire Ins. Co. of Tex.

OPINION

McMANUS, Chief Justice.

On July 21, 1971 petitioner-respondent Van Dyke (hereafter plaintiff), with his wife and son, was driving from Albuquerque toward Santa Fe on Highway 85. After passing the crest of La Bajada Hill the Van Dyke vehicle struck the rear of a truck carrying concrete blocks. The collision caused the death of Mrs. Van Dyke with injuries to Mr. Van Dyke and their son. A suit was filed for injuries received by Van Dyke and his son...

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