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FRESQUEZ v. SOUTHWESTERN IND. CON. & RIGGERS

No. 2444.

554 P.2d 986 (1976)

89 N.M. 525

Nancy G. FRESQUEZ, Administratrix of the Estate of Juan A. Fresquez, Deceased, and General Accident Fire and Life Assurance Corporation, Ltd., Plaintiffs-Appellants, v. SOUTHWESTERN INDUSTRIAL CONTRACTORS AND RIGGERS, INC., and Bradbury and Stamm Construction Co., a corporation, Defendants-Appellees.

Court of Appeals of New Mexico.

Certiorari Denied October 21, 1976.

Attorney(s) appearing for the Case

Quincy D. Adams, Adams & Foley, Albuquerque, for Fresquez.

Jim Dines, Shaffer, Butt, Jones & Thornton, Albuquerque, for General Accident Fire & Life Assur. Corp.

James C. Ritchie, Victor R. Marshall, Rodey, Dickason, Sloan, Akin & Robb, P.A., Albuquerque, for Southwestern Industrial Contractors & Riggers, Inc.

C. LeRoy Hansen, Civerolo, Hansen & Wolf, Albuquerque, for Bradbury and Stamm Const.

OPINION

WOOD, Chief Judge.

Bradbury (Bradbury and Stamm Construction Co., a corporation) was the general contractor for the construction of a school. Turzillo (Lee Turzillo Contracting Co.) was a subcontractor engaged in drilling and setting pilings for the foundation. Turzillo performed this work by means of an auger cast system. The auger drilled a hole to a predetermined depth; concrete or grout was pumped into the hole. Turzillo rented a crane from Southwestern...

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