Ortiz v. Mason
Citation | 553 P.2d 1279,1976 NMSC 55,89 N.M. 472 |
Decision Date | 15 September 1976 |
Docket Number | No. 10908,10908 |
Parties | Alfred ORTIZ, a minor, by his father and next friend, Robert Ortiz, and Robert Ortiz, Individually, Respondents (Plaintiffs), v. Piper A. MASON, Jr., Petitioner (Defendant). |
Court | Supreme Court of New Mexico |
This case is before us on a writ of certiorari directed to the New Mexico Court of Appeals in Ortiz v. Mason, No. 2226 (Ct.App., filed April 6, 1976), which reversed a judgment issued by the District Court of Los Alamos County and remanded the same for entry of judgment and assessment of damages in favor of plaintiffs.
The trial court in this case had entered judgment in favor of defendant. The Court of Appeals, in its majority opinion, based its decision primarily on the conclusion that:
'The failure of defendant to keep a proper lookout, and to stop or slow down or warn Alfred, was the proximate cause of Alfred's injury.'
The findings of fact made by the trial court, and contained in the judgment entered, are as follows:
When there is contradictory evidence as to facts presented in the trial below, and the parties have requested certain findings be made by the trial court and they are made, then the findings as made by the trial court are the ones that are before us, unless they are unsupported by substantial evidence.
In State ex rel. Reynolds v. Lewis, 84 N.M. 768, 775, 508 P.2d 577, 584 (1973), this court held:
'Again, in the Tapia case, supra ((Tapia v. Panhandle Steel Erectors Company) 78 N.M. 86, 89, 428 P.2d 625, 628), we stated the following:
"* * *.
In that case we further stated:
'The basic rules enunciated by us, as to the process use (sic) to determine whether or not there is substantial evidence to support the findings made in this regard by the trial court, are clearly and concisely stated in Tapia v. Panhandle Steel Erectors Company, 78 N.M. 86, 89, 428 P.2d 625, 628 (1967), as follows:
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Marez v. Kerr-McGee Nuclear Corp.
... ... Id. at 89, 428 P.2d at 628; Accord, Ortiz v. Mason, 89 N.M. 472, 553 P.2d 1279 (1976); Curtiss v. Aetna Life Insurance Company, 90 N.M. 105, 560 P.2d 169 (Ct.App.), Cert. denied, 90 N.M. 7, ... ...
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Griego v. Wilson
... ... Ortiz v. Mason, 89 N.M. 472, 553 P.2d 1279 (1976). The record supports these findings ... Griego's requested findings were basically ... ...