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ORTEGA v. MONTOYA

No. 13552.

637 P.2d 841 (1981)

97 N.M. 159

Rose ORTEGA, Parent and natural guardian of Gilbert Ortega, a minor child, Petitioner, v. Joe MONTOYA and Mark Montoya, a minor child, Respondents.

Supreme Court of New Mexico.

December 18, 1981.

Attorney(s) appearing for the Case

Steve H. Mazer, Albuquerque, for petitioner.

Gallagher, Casados & Martin, J.E. Casados, Albuquerque, for respondents.

OPINION

RIORDAN, Justice.

Mark Montoya (Montoya), the minor child of Joe Montoya, shot the petitioner, Gilbert Ortega (Ortega), with a BB gun causing injury to Ortega's eye.

The trial court awarded $9,178.55 in compensatory damages in favor of Ortega and against Montoya. It also found that Montoya's conduct was willful and malicious and awarded damages of $2,500 and $1,000 in attorney's fees against Montoya's father under the Parental Responsibility...

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