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LIVINGSTON v. BEGAY

Nos. 14012, 14014.

652 P.2d 734 (1982)

98 N.M. 712

William LIVINGSTON and Janice Livingston, d/b/a the Livingston Hotel, Petitioners, v. Davis Peter BEGAY, Nellie Livingston and Montgomery Ward & Company, Inc., Respondents. MONTGOMERY WARD & COMPANY, INC., Petitioner, v. Davis Peter BEGAY, and William Livingston and Janice Livingston, d/b/a the Livingston Hotel, Respondents.

Supreme Court of New Mexico.

September 30, 1982.

Attorney(s) appearing for the Case

Shaffer, Butt, Thornton & Baehr, James H. Johansen, Albuquerque, for William Livingston, et ux. d/b/a The Livingston Hotel.

Ortega & Snead, Daniel Shapiro, Steven P. Michael, Albuquerque, J.M. Scarborough, Espanola, Campbell, Byrd & Black, Bruce D. Black, William C. Wardle, Michael B. Campbell, Santa Fe, for David Peter Begay, Nellie Livingston and Montgomery Ward & Company, Inc.

OPINION

PAYNE, Justice.

This case presents various questions concerning the liability of a hotel operator for the death of a guest caused by allegedly defective fixtures in the hotel room.

Peter Begay, plaintiff's decedent, was found dead in his hotel room the morning after he had checked in. The cause of death was asphyxiation by carbon monoxide gas which apparently escaped from a disconnected exhaust vent...

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