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ROMERO v. STATE

Nos. 19841, 19926.

815 P.2d 628 (1991)

112 NM. 332

Arsenia ROMERO, as Administrator and Personal Representative of the Estate of Andrea Lucero, Deceased, and Ubaldo Esquibel, as Administrator and Personal Representative of the Estate of Toby Esquibel, Deceased, Petitioners, v. STATE of New Mexico, New Mexico State Highway Department, Board of Commissioners for the County of Rio Arriba and Rio Arriba Road Department, Respondents. Helen MONTANO and Walter R. Gould, Petitioners, v. STATE HIGHWAY AND TRANSPORTATION DEPARTMENT, Respondent, and Rio Arriba County, Board of Commissioners of Rio Arriba County, Emilio Naranjo and Edward Duda, Defendants.

Supreme Court of New Mexico.

August 12, 1991.

Attorney(s) appearing for the Case

William H. Carpenter, David J. Stout, Albuquerque, Montoya, Murphy, Kaufmann & Garcia, David P. Garcia, Santa Fe, for petitioner Romero.

David A. Graham, Taos, for intervenor-petitioner Esquibel.

Montgomery & Andrews, Bruce Herr, Santa Fe, for respondents State of N.M., N.M. State Hwy. Dept. et al.

Elliot L. Weinreb, Douglas Booth, James E. Thompson, Santa Fe, for petitioners Helen Montano and Walter R. Gould.

Felker & Ish, James P. Sullivan, Santa Fe, for respondent State Highway and Transp. Dept.

Klecan, Childress & Huling, Ronald J. Childress, Albuquerque, Vidal & Noble, James V. Noble, Jr., Santa Fe, for defendants Rio Arriba County, Bd. of Com'rs et al.

OPINION

SOSA, Chief Justice.

We granted the petition for writ of certiorari in each of these cases and consolidated them. Because our decision in Romero will control and dictate our decision in Montano, we discuss Romero first. We reverse the court of appeals' Romero decision in part and affirm in part. The verdict of the jury and the judgment of the trial court are fully reinstated. As the court of appeals' opinion has been published...

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