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HERN v. CRIST

No. 8251.

735 P.2d 1151 (1987)

105 N.M. 645

Isabel HERN, Individually and as Administrator of the Estate of Apolinar Paul Moraga, Plaintiff-Appellant, v. Roger CRIST, Chairman of the Board of Corrections, State of New Mexico, Jerry Griffin, Warden, New Mexico State Penitentiary, Felix Rodriguez, Secretary of Corrections, the New Mexico Department of Corrections, Defendants-Appellees.

Court of Appeals of New Mexico.

Certiorari Denied April 21, 1987.

Attorney(s) appearing for the Case

Jack L. Love, Love & McClelland, Albuquerque, for plaintiff-appellant.

Charles E. Stuckey, Douglas A. Baker, Modrall, Sperling, Roehl, Harris & Sisk, P.A., Patrick M. Shay, Rodey, Dickason, Sloan, Akin & Robb, P.A., Albuquerque, for defendants-appellees.

OPINION

DONNELLY, Chief Judge.

Plaintiff, individually and in her capacity as the administrator of the estate of Apolinar Paul Moraga, deceased, appeals from an order of the trial court dismissing her complaint on defendants' motion for failure to state a claim, or alternatively for summary judgment. The single issue presented on appeal is whether the trial court erred in dismissing plaintiff's causes of action for wrongful death and deprivation of civil...

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