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Torts Keyed to Prosser
Bartlett v. New Mexico Welding Supply, Inc
Facts
This case revolves around an automobile accident involving three vehicles. The lead car signaled a right turn, then turned into and pulled out of a service station in a quick motion. Plaintiff slammed on her brakes to avoid hitting the lead car. The Defendant’s truck was behind Plaintiff. Defendant applied his brakes, but skidded into Plaintiff’s car. The driver of the lead car was unknown. Plaintiff sued Defendant on a negligence theory and Defendant claimed that the negligence of the lead car caused or contributed to the damage. The jury, in response to special questions, determined that Plaintiff’s damages were $100,000 and that Defendant’s negligence contributed to the damages to the extent of 30%. Plaintiff moved that judgment be entered in their favor for $100,000. The trial court denied the motion and ordered a new trial. The appellate court granted Defendant’s application for an interlocutory appeal.
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