Rekart V. Safeway Stores Inc.
By New Mexico Court of Appeals
- Release Date: 1970-02-12
- Genre: Law
Rekart V. Safeway Stores Inc. New Mexico Court of Appeals Book Review Score: ★★★★★ 5/5 stars
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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