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LOPEZ v. WAL-MART STORES, INC.

No. 10153.

771 P.2d 192 (1989)

108 N.M. 259

Ella J. LOPEZ, Plaintiff-Appellant, v. WAL-MART STORES, INC., Defendant-Appellee.

Court of Appeals of New Mexico.

February 28, 1989.

Attorney(s) appearing for the Case

Dennis Luchetti, Espanola, for plaintiff-appellant.

Sarah Curry Smith, Joe A. Sturges, Sager, Curran, Sturges & Tepper, P.C., Albuquerque, for defendant-appellee.

OPINION

APODACA, Judge.

Plaintiff appeals from the trial court's denial of two motions made pursuant to SCRA 1986, 1-060(B), in which she sought to reopen the trial court's judgment dismissing her complaint with prejudice. Because we conclude that the trial court erred in finding willful failure to comply with discovery, we reverse and remand for trial on the merits.

Plaintiff filed a complaint on July 31, 1986 for personal injuries sustained when...

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