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Rael v. Cadena
New Mexico Court of Appeals
604 P.2d 822 (1979)
Eddie Rael (plaintiff) visited the home of Emilio Cadena (defendant). Rael was beaten on the head and torso by Cadena’s nephew (defendant). Rael’s rib was fractured. During the attack, Cadena yelled to his nephew in Spanish, “Kill him!” and “Hit him more!” The trial court found that Cadena had encouraged his nephew and found Cadena and his nephew jointly and severally liable for the battery. Cadena appealed, arguing that the trial court could only have held him jointly liable for the battery if it found that Cadena and his nephew acted in concert or that his nephew beat Rael as a result of Cadena’s encouragement.
Rule of Law
Holding and Reasoning (Lopez, J.)
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