McGuire v. Pearson, 8388

Decision Date11 September 1967
Docket NumberNo. 8388,8388
PartiesDorothy McGUIRE, Administratrix of the Estate of Joe Dixon McGuire, Deceased, Plaintiff-Appellant, v. Guy Paul PEARSON, Defendant-Appellee.
CourtNew Mexico Supreme Court
OPINION

STANLEY, District Judge.

This suit was brought by the plaintiff, administratrix of the estate of her deceased son, to recover damages for his death as a result of a one-car automobile accident in Albuquerque, New Mexico, the deceased being a passenger in a car driven by the defendant. Upon conclusion of plaintiff's case before a jury, the district court directed a verdict for the defendant upon the grounds that there was insufficient evidence under the Guest Statute to submit the case to the jury. The plaintiff appeals.

We must determine if the proof presented by plaintiff when viewed in its aspect most favorable to plaintiff, with all unfavorable testimony and adverse inferences disregarded, would have supported a jury verdict in plaintiff's favor. If it would have, the court erred in directing a verdict. If not, the ruling was correct. Wahlin v. Shelby, 76 N.M. 196, 413 P.2d 475 (1966).

The decedent and the defendant were friends, both attending the University of New Mexico at Albuquerque. On the afternoon of September 25, 1964, the defendant had several beers. At approximately 8:00 P.M. the deceased and the defendant proceeded to several night clubs in Albuquerque and defendant had 4 1/2 beers and one mixed drink. Decedent and the defendant left the 'Far West Club' shortly after 1:00 A.M. on September 26, 1964, and proceeded in an easterly direction on U.S. Highway 66. The 'Far West Club' was at the extreme western edge of the posted city limits of Albuquerque and in a fifty-mile-per-hour zone. The highway in question was a straight, four-lane portion of Highway 66, and was familiar to the defendant. It was in an outlying part of the city; there were few businesses in the one-mile area, and no street lights. The defendant announced that he needed to 'blow out' his automobile and proceeded to drive ninety miles per hour. Approximately one mile east of the 'Far West Club,' the defendant approached two cars traveling on the right-hand lane of the eastbound two lanes of traffic on U.S. Highway 66 and proceeded to pass the two cars going at a speed of approximately eighty to eighty-five miles per hour. Defendant turned into the right lane after passing the first car and immediately swerved to the left to pass the second car. At the moment, or just after passing the second car, the defendant's car struck the median, causing the car to roll, throwing the decedent out of the car, resulting in his immediate death.

The defendant testified that he was 'happy tight,' meaning he was talking, laughing and joking, but that his driving ability was not impaired. There is no other evidence concerning the degree of intoxication, if any.

Immediately after the accident, defendant told one of the witnesses that the deceased had stated, 'Look out, there is a car in front of you.' No other statements, warnings or complaints were made by the decedent. The only known traffic prior to the accident were the two cars defendant was passing.

Section 64--21--1, N.M.S.A.1953 Comp., in essence provides that a guest cannot recover unless the accident shall be intentional on the part of the...

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8 cases
  • Melnick v. State Farm Mut. Auto. Ins. Co.
    • United States
    • New Mexico Supreme Court
    • 2 Febrero 1988
    ...with all reasonable inferences which could be deduced therefrom, in a light most favorable to that party. E.g., McGuire v. Pearson, 78 N.M. 357, 358, 431 P.2d 735, 736 (1967). Second, and similarly, some of our opinions state that courts must accept as true all portions of the nonmoving par......
  • Archuleta v. Pina
    • United States
    • New Mexico Supreme Court
    • 8 Marzo 1974
    ...resisting the motion, and must disregard all conflicts in the evidence unfavorable to the position of that party. See McGuire v. Pearson, 78 N.M. 357, 431 P.2d 735 (1967); Burks v. Baumgartner, 72 N.M. 123, 381 P.2d 57 (1963); Bryan v. Phillips, 70 N.M. 1, 369 P.2d 37 (1962); Carter Farms C......
  • State v. Sandoval
    • United States
    • Court of Appeals of New Mexico
    • 30 Julio 1975
    ...held that speed alone is not sufficient to constitute a heedless or reckless disregard of the rights of others. McGuire v. Pearson, 78 N.M. 357, 431 P.2d 735 (1967). And where a driver makes a U turn, fails to keep a lookout for approaching vehicles, fails to yield the right of way and fail......
  • Boatright v. Sclivia
    • United States
    • U.S. Court of Appeals — Tenth Circuit
    • 16 Febrero 1970
    ...by the New Mexico Supreme Court in cases arising under the New Mexico guest statute, N.M.Stat.Ann. § 64-24-1 (1953). McGuire v. Pearson, 78 N.M. 357, 431 P.2d 735 (1967); Valencia v. Strayer, 73 N.M. 252, 387 P.2d 456 (1963). These cases pertain to the statutory duty owed by a host to his g......
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