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BEGAY v. LIVINGSTON

No. 5028.

658 P.2d 434 (1981)

99 N.M. 359

Davis Peter BEGAY, Plaintiff-Appellant, v. Nellie LIVINGSTON, Defendant-Appellee, and William Livingston and Janice Livingston, dba, the Livingston Hotel, Defendants-Appellees Third Party Plaintiffs and Cross Appellants, and Montgomery Ward & Company, Inc., Defendant-Third Party Defendant and Cross Appellee.

Court of Appeals of New Mexico.

November 12, 1981.

Attorney(s) appearing for the Case

Daniel Shapiro, Ortega & Snead, P.A., Steven Michael, Albuquerque, for plaintiff-appellant.

J.M. Scarborough, Espanola, for defendant-appellee, Nellie Livingston.

J. Duke Thornton, James H. Johansen, Shaffer, Butt, Thornton & Baehr, P.C., Albuquerque, for defendants-appellees third party plaintiffs and cross-appellants William Livingston and Janice Livingston.

Bruce D. Black, William G. Wardle, Campbell, Byrd & Black, P.A., Santa Fe, for defendant-third party defendant and cross-appellee Montgomery Ward & Co., Inc.

OPINION

SUTIN, Judge.

On March 28, 1977, Peter Begay, decedent, checked into Room 7 of the Livingston Hotel, Espanola, New Mexico. The following morning, he was found dead as a result of lethal levels of carbon monoxide in the blood caused by carbon monoxide gas that escaped from the gas space heater located in the room.

On January 23, 1980, plaintiff, as personal representative of decedent's estate, filed a second amended complaint. Joined as defendants...

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