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STETZ v. SKAGGS DRUG CENTERS, INC.

No. 12764.

840 P.2d 612 (1992)

114 N.M.App. 465

Mary ANN STETZ, Plaintiff-Appellee, v. SKAGGS DRUG CENTERS, INC., Skaggs Companies, Inc., and Fair Plaza, Inc., Defendants-Appellants.

Court of Appeals of New Mexico.

September 21, 1992.

Attorney(s) appearing for the Case

Mark J. Klecan, Klecan, Childress & Huling, Albuquerque, for plaintiff-appellee.

Matthew P. Holt, Sager, Curran, Sturges & Tepper, P.C., Las Cruces, for defendants-appellants.

OPINION

PICKARD, Judge.

Defendants appeal from the trial court's judgment awarding plaintiff $10,000 in damages from Skaggs and $18,000 in damages from Fair Plaza, Inc., after finding that plaintiff suffered a total of $40,000 in damages from the incident giving rise to this lawsuit. Defendants contend that the trial court erred in determining that (1) defendants were obligated to protect plaintiff against an open and obvious danger, (2) Skaggs had a duty...

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