NORIEGA v. STAHMANN FARMS, INC.

No. 12534.

827 P.2d 156 (1992)

113 N.M. 441

Hector NORIEGA, Sr., and Rosa Noriega, Individually and as Parents and Next Friends and Guardians of Hector Noriega, Jr., Plaintiffs-Appellants, v. STAHMANN FARMS, INC., and Elephant Butte Irrigation District, Defendants-Appellees.

Court of Appeals of New Mexico.

Certiorari Denied February 26, 1992.


Attorney(s) appearing for the Case

Fred Abramowitz, Albuquerque, for plaintiffs-appellants.

Jack T. Whorton, Whorton Law Offices, Alamogordo, for defendant-appellee Elephant Butte Irrigation Dist.


OPINION

CHAVEZ, Judge.

Plaintiffs, Hector Noriega and Rosa Noriega, brought suit against defendants, Elephant Butte Irrigation District (EBID) and Stahmann Farms, Inc., alleging negligence, inter alia, in failing to keep the area adjacent to an EBID ditchbank in a safe condition and in failing to install warning signs or fences, resulting in injuries to five-year-old Hector Noriega, Jr. Waiver of immunity of EBID was alleged in plaintiffs' first amended...

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