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PEMBERTON v. CORDOVA

No. 9619.

734 P.2d 254 (1987)

JoElla Lynn PEMBERTON, a minor, and Sherry L. Pemberton, Guardian and Next Friend of JoElla Lynn Pemberton, Plaintiffs-Appellees, v. Theresa CORDOVA, a minor, Mr. and Mrs. Pat Cordova, Guardians and Next Friends of Theresa Cordova, Defendants, and Moriarty Municipal Schools Board of Education, a/k/a Moriarty Municipal Schools, Defendant-Appellant.

Court of Appeals of New Mexico.

February 5, 1987.

Attorney(s) appearing for the Case

Joseph Rocca, Law Office of Joseph Rocca, Chester A. Bowerman, Albuquerque, for plaintiffs-appellees.

Terry R. Guebert, Civerolo, Hansen & Wolf, Albuquerque, for defendants Cordova.

Louise Gibson, Butt, Thornton, Baehr, P.C., Albuquerque, for defendant-appellant Moriarty Municipal Schools.

OPINION

GARCIA, Judge.

This is an interlocutory appeal from an order denying a motion to dismiss defendant Moriarty Municipal Schools. We reverse.

FACTS

Plaintiffs filed a damage action for personal injuries resulting from an incident where defendant Theresa Cordova, a student, allegedly struck and injured plaintiff JoElla Lynn Pemberton, also a student, while on school property. The suit named both Cordova and Moriarty Municipal Schools...

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