MARTINEZ ON BEHALF OF MARTINEZ v. VIGIL

No. 8881.

737 P.2d 100 (1987)

105 N.M. 741

Arthur MARTINEZ, next friend and natural father and on behalf of Lydia V. MARTINEZ, Plaintiffs-Appellants, v. Judith VIGIL and Andy Vigil, Defendants-Appellees.

Court of Appeals of New Mexico.

April 16, 1987.


Attorney(s) appearing for the Case

Robert Crollett, Crollett & Sanchez, P.A., Taos, for plaintiffs-appellants.

Louise Gibson, Butt, Thornton & Baehr, P.C., Albuquerque, for defendants-appellees.


OPINION

BIVINS, Judge.

This appeal presents the question of whether fault may be apportioned among individuals who, although not in control of the instrumentality that caused the harm, nevertheless contributed to bringing about the harm. We hold it may, under the circumstances of this case, and affirm the trial court. We also affirm on the issue of damages.

Plaintiff Lydia Martinez (Lydia), a minor, brought this action by her father and next friend...

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