ZUNIGA v. SEARS, ROEBUCK & CO.

No. 6004.

671 P.2d 662 (1983)

100 N.M. 414

Jorge ZUNIGA and his wife, Julia, Plaintiffs-Appellants, v. SEARS, ROEBUCK AND COMPANY and George Garcia, Individually and as an agent of Sears, Roebuck and Company; G.B. Manning, Individually and as an agent for Sears, Roebuck and Company; Leonard Griffin, Individually and as an agent for Sears, Roebuck and Company, Defendants-Appellees.

Court of Appeals of New Mexico.

Certiorari Denied October 20, 1983.


Attorney(s) appearing for the Case

Peter Everett, IV, Albuquerque, for plaintiffs-appellants.

Duane C. Gilkey, James L. Rasmussen, Rodey, Dickason, Sloan, Akin & Robb, Albuquerque, for defendants-appellees-Sears, Roebuck and Co. and G.B. Manning.


OPINION

BIVINS, Judge.

Plaintiff brought this action against Sears Roebuck and Company and several of its employees to recover compensatory and punitive damages based upon alleged wrongful discharge and slander. Two of the three employees sued were never served with process. The trial court granted summary judgment for the defendants who were served, and plaintiff appeals claiming the existence of genuine issues of material fact.

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