SIERRA v. GARCIA

No. 16984.

746 P.2d 1105 (1987)

106 N.M. 573

Gloria SIERRA, as Personal Representative of Augustin Sierra, Plaintiff, v. Alex GARCIA, Ismael Mojica, Albuquerque Materials, Inc., and Cook Construction Company, Inc., Defendants, and COOK CONSTRUCTION COMPANY, INC., Third-Party Plaintiff-Appellant, v. UNIVERSAL CONSTRUCTORS, INC., Third-Party Defendant-Appellee.

Supreme Court of New Mexico.

Rehearing Denied December 28, 1987.


Attorney(s) appearing for the Case

Gallagher & Casados', Nathan H. Mann, M. Clea Gutterson, Albuquerque, for appellant.

Dines & McCary, Jim Dines, Paula J. Cotitta, Albuquerque, for appellee.

William D. Teel, Albuquerque, for plaintiff.

Miller, Stratvert, Torgerson & Schlenker, Robert B. Collins, Albuquerque, for defendant Garcia.

Gary J. Martone, Albuquerque, for defendant Mojica.

Civerolo, Hansen & Wolf, William P. Gralow, Albuquerque, for defendant Albuquerque Materials.

Butt, Thornton & Baehr, John P. Massey, Albuquerque, for plaintiff-in-intervention.


OPINION

SOSA, Senior Justice.

Augustin Sierra, an employee of third-party defendant/appellee Universal Constructors, Inc. (Universal), died from injuries he suffered while working on a street construction project in Albuquerque. Universal was the paving subcontractor on the project. Sierra's personal representative brought an action for wrongful death against the general contractor, third-party plaintiff/appellant, Cook Construction Company, Inc. (Cook)...

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