 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Diaz v. McMahon9/12/1991
of the drain constitutes a basis for raising the issue of whether he was responsible for all or a portion of his injuries under the principle of comparative negligence. See Davis v. Gabriel. However, under the record before us, we cannot say as a matter of law that employee's acts or omissions constituted the sole proximate cause of his injury or that defendants were without any duty to provide a safe working area under the circumstances. See ) ("Where reasonable minds may differ on the issue of proximate cause, summary judgment is not proper."). Cf. ) (material factual issue existed rendering summary judgment improper despite fact that plaintiff had been aware of hidden dangerous condition five years prior to accident).
Conclusion
Because we determine that genuine issues of material fact remain, summary judgment was improper. For the foregoing reasons, the order of the trial court granting defendants summary judgment on each count is reversed and the cause is remanded for further proceedings consistent with this opinion.
IT IS SO ORDERED.
Page 1 2 3 4 5 New Mexico Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|