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OSCHWALD v. CHRISTIE

No. 13216.

620 P.2d 1276 (1980)

95 N.M. 251

Donald R. OSCHWALD, Petitioner, v. Clara CHRISTIE, Ray Stewart and Ralph Dennis, d/b/a Unique Builders Const. Co., a New Mexico partnership, and Harold Rogers and Margaret Ann Rogers, his wife, Respondents.

Supreme Court of New Mexico.

December 12, 1980.

Attorney(s) appearing for the Case

Anaya & Strumor, Robert M. Strumor, Santa Fe, for petitioner.

Eaves & Darling, Albuquerque, Yost, Barberousse & Yost, Bob Barberousse, Santa Fe, Civerolo, Hansen & Wolf, Kathleen Davison Lebeck, Albuquerque, for respondents.

OPINION

PAYNE, Justice.

An action was filed for injury to Clara Christie due to the alleged negligent and improper construction of a residence. The trial court granted summary judgment in favor of Oschwald. The judgment was overturned by the Court of Appeals and Oschwald petitioned to this Court for a writ of certiorari. We reverse and reinstate the trial court's ruling granting summary judgment.

Because of problems in a newly constructed home Christie...

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