KENT NOWLIN CONST. CO. v. GUTIERREZ

No. 13914.

658 P.2d 1116 (1982)

99 N.M. 389

KENT NOWLIN CONSTRUCTION COMPANY, Petitioner, v. Estela E. GUTIERREZ and Maria Sota Vda De Talamantes, as co-personal representatives of the Estate of Bernardo Talamantes, a/k/a Hector M. Baylon, Deceased, Respondents.

Supreme Court of New Mexico.

Order January 14, 1983.

Rehearing Denied January 14, 1983.


Attorney(s) appearing for the Case

Zachary L. McCormick, Modrall, Sperling, Roehl, Harris & Sisk, Albuquerque, for petitioner.

Timothy M. Sheehan, William H. Carpenter, Albuquerque, for respondents.


OPINION

EASLEY, Chief Justice.

Estela Gutierrez and Maria Sota Vda De Talamantes, as co-personal representatives of the Estate of Bernardo Talamantes (Talamantes), brought a wrongful death action against Kent Nowlin Construction Company. The matter was heard before a jury, which returned a verdict in favor of the Talamantes' Estate for $175,000. The Court of Appeals affirmed the trial court, and we reverse the Court of Appeals.

The dispositive issue...

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