Rael v. F & S Co.

612 P.2d 1318 (1979)

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Rael v. F & S Co.

New Mexico Court of Appeals
612 P.2d 1318 (1979)

  • Written by Craig Conway, LLM

Facts

After his 12-year-old son, Everett, was injured by a firework that suddenly and unexpectedly exploded and injured his eye, Ramon Rael (plaintiff) filed suit against the fireworks supplier, Onda Enterprises, Ltd. (Onda) (defendant), and the seller of the firework, F&S Company, Inc. (F&S) (defendant) to recover damages. Thereafter, each defendant filed a claim seeking indemnity from the other. The trial court dismissed both defendants’ motions. After a trial, the jury held for Rael and awarded him $339 and Everett $7,000, including future pain and suffering damages, to be paid jointly and severally by defendants. F&S appealed.

Rule of Law

Issue

Holding and Reasoning (Andrews, J.)

Concurrence

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Casebooks

Torts

Key Terms

  • IndemnityRequired payment to an individual who has been held liable for the act of another and, as a result, suffered a loss without fault.
  • Pain and suffering damagesDamages awarded to compensate a plaintiff for physical or mental distress or injury caused by the defendant’s tortious conduct.

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