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ALBER v. NOLLE

No. 5323.

645 P.2d 456 (1982)

98 N.M. 100

Fred ALBER, individually, and as father and next friend of Carole Alber a minor, Plaintiff-Appellee, Cross-Appellant, v. Monika NOLLE, Horst Nolle, and Paula Nolle, Defendants-Appellants, Cross-Appellees.

Court of Appeals of New Mexico.

May 4, 1982.

Attorney(s) appearing for the Case

Elias N. Quintana, Jr., Albuquerque, for defendants-appellants, cross-appellees.

Thomas W. Derryberry, Dawe & Derryberry, P.A., Albuquerque, for plaintiff-appellee, cross-appellant.

OPINION

WOOD, Judge.

This appeal involves the parental liability section of the Children's Code as that statute was worded in 1979. Plaintiff was awarded damages against the defendant parents. Defendants appeal and plaintiff cross appeals. We group the issues under four headings: (1) liability; (2) constitutionality; (3) damages; and (4) attorney fees.

The trial court found that on November 2, 1979, Monika Nolle violently attacked Carole Alber without...

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