COACHLIGHT LAS CRUCES v. MOUNTAIN BELL TEL.

No. 5769.

664 P.2d 994 (1983)

99 N.M. 796

COACHLIGHT LAS CRUCES, LTD., Plaintiff-Appellee, v. MOUNTAIN BELL TELEPHONE COMPANY, Defendant-Appellant.

Court of Appeals of New Mexico.

March 24, 1983.


Attorney(s) appearing for the Case

Lloyd O. Bates, Jr., Pickett & Bates, Las Cruces, for plaintiff-appellee.

H. Perry Ryon, and Mary E. McDonald, Ronald J. Segel, Sutin, Thayer & Browne, P.C., Albuquerque, for defendant-appellant.


OPINION

HENDLEY, Judge.

Defendant appeals an adverse judgment of compensatory damages based on ordinary negligence in not providing telephone service to plaintiff. The controlling issue is whether General Exchange Tariff § 20 G 5 is a bar to plaintiff's recovery.

We reverse.

Coachlight owns and operates a motel. Howard Jakobson, Valentine East Truck Brokers, and Claude Salicos, Alamosa Truck Brokers, had conducted their truck brokerage...

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