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DIAZ v. McMAHON

No. 11522.

819 P.2d 1346 (1991)

112 N.M. 788

Arturo DIAZ, Plaintiff-Appellant, v. Harold McMAHON and Helen McMahon, his wife, d/b/a Mickey's Cash & Carry Dairy, Defendants-Appellees.

Court of Appeals of New Mexico.

September 12, 1991.

Attorney(s) appearing for the Case

Avelino V. Gutierrez, Gutierrez Law Offices, Albuquerque, for plaintiff-appellant.

William C. Madison, Susan Andrews, Montgomery & Andrews, P.A., Albuquerque, for defendants-appellees.

OPINION

DONNELLY, Judge.

Plaintiff Arturo Diaz (employee) appeals from the order of the trial court granting defendants' motion for summary judgment on both counts of employee's common-law negligence and strict liability claims against his employers (defendants).1 We discuss whether genuine issues of material fact exist concerning employee's claim that defendants breached their duty to provide a reasonably safe place to work...

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