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PEDIGO v. VALLEY MOBILE HOMES, INC.

No. 5327.

643 P.2d 1247 (1982)

97 N.M. 795

Kenneth Wayne PEDIGO and American Modern Home Insurance Company, Plaintiffs-Appellees, v. VALLEY MOBILE HOMES, INC., a New Mexico corporation, Defendant-Third Party Plaintiff-Appellant, v. BERKLEY HOMES, INC., Defendant-Third Party Defendant.

Court of Appeals of New Mexico.

April 6, 1982.

Attorney(s) appearing for the Case

Joseph A. Sommer, Sommer, Lawler & Scheuer, P.A., Santa Fe, for defendant-third party plaintiff-appellant.

James E. Thomson, Santa Fe, for plaintiffs-appellees.

Leo C. Kelly, Lill, Kelly & Barr, Albuquerque, for defendant-third party defendant.

OPINION

NEAL, Judge.

Plaintiff's mobile home, purchased from Valley Mobile Homes (Valley) and manufactured by Berkley Homes, Inc. (Berkley), was destroyed in a fire. It was undisputed that the fire was caused by a gap in the fireplace flue which allowed combustion gases to ignite structural material surrounding the fireplace. As a result of the fire, plaintiff sustained substantial property damage and incidental expenses including rental of alternative housing...

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