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CLAY v. FERRELLGAS, INC.

No. 11623.

838 P.2d 487 (1992)

114 N.M.App. 333

ROYCE CLAY, Plaintiff-Appellee, and Shella Snider, Defendant/Third-party plaintiff-appellee, v. FERRELLGAS, INC. and Gilbert candelaria, defendants-appellants.

Court of Appeals of New Mexico.

Certiorari Granted August 14, 1992.

Attorney(s) appearing for the Case

Pat Chowning, Ferguson & Lind, P.C., Albuquerque, for plaintiff-appellee.

Mark L. Ish, Mariana G. Geer, Felker & Ish, P.A., Santa Fe, Ralph D. Shamas, Shamas & Perrin, Roswell, for defendant/third-party plaintiff-appellee.

David R. Schlee, Charles W. Gordon, Jr., Louis A. Huber, III, Smith, Gill, Fisher & Butts, P.C., Kansas City, Mo., Douglas R. Vadnais, Modrall, Sperling, Roehl, Harris & Sisk, P.A., for defendants-appellants.

William H. Carpenter, Carpenter Law Offices, Ltd., Albuquerque, Michael B. Browde, Albuquerque, amicus curiae, N.M. Trial Lawyers Ass'n.

Alice Tomlinson Lorenz, Miller, Stratvert, Torgerson & Schlenker, P.A., Albuquerque, amicus curiae, N.M. Defense Lawyers Ass'n.

OPINION

PICKARD, Judge.

Royce Clay and Shella Snider sued appellants for personal injuries sustained when propane gas ignited and caused a fire in Snider's car while the women were seated in it. Appellants appeal from the jury verdict awarding Clay and Snider compensatory and punitive damages. Appellants contend that the trial court should have granted judgment in their favor because their actions were not the proximate cause of the accident, and that the...

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