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DAWSON v. WILHEIT

No. 8897.

737 P.2d 93 (1987)

105 N.M. 734

Jean DAWSON, Cynthia Shrock, Lisa Dawson, Carolyn Doolin and Debra Welke, Plaintiffs-Appellants, v. Carla WILHEIT, Paul McCaw, City of Farmington, Kennedy, Inc. and John Doe, Defendants-Appellees.

Court of Appeals of New Mexico.

April 14, 1987.

Attorney(s) appearing for the Case

Marvin Baggett, Farmington, for plaintiffs-appellants.

David F. Cunningham, Sumner S. Koch, White, Koch, Kelly & McCarthy, P.A., Santa Fe, for defendants-appellees Carla Wilheit, Paul McCaw and City of Farmington.

Timothy R. Briggs, Miller, Stratvert, Torgerson & Schlenker, P.A., Albuquerque, for defendants-appellees Kennedy, Inc. and John Doe.

OPINION

BIVINS, Judge.

Plaintiffs, the mother and sisters of David Dawson (decedent), brought this action seeking compensatory, as well as punitive, damages based on alleged negligent infliction of emotional distress. They appeal from an order dismissing their complaint for failure to state a claim. We affirm.

Since defendants' Rule 12(b)(6) motions challenge the sufficiency of the statement of the claim for relief, not the facts that may support...

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