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REICHERT v. ATLER

No. 20963.

875 P.2d 379 (1994)

117 N.M. 623

Joseph REICHERT, personal representative of the Estate of Alfredo Castillo, deceased, Plaintiff-Petitioner, v. Tony ATLER and Josie Atler, d/b/a the A-Mi-Gusto Lounge, Defendants-Respondents.

Supreme Court of New Mexico.

Rehearing Denied June 1, 1994.

Attorney(s) appearing for the Case

Louis Marjon, Clark Varnell and James C. Ellis, Albuquerque, for petitioner.

Tony Atler, pro se.

Robert Dale Morrison, Albuquerque, for Josie Atler.

William H. Carpenter and Michael B. Browde, Albuquerque, for amicus curiae New Mexico Trial Lawyers Assn.

OPINION

RANSOM, Justice.

As personal representative of the estate of Alfredo Castillo, Joseph Reichert brought this wrongful-death action against Tony and Josie Atler, doing business as the A-Mi-Gusto Lounge. Castillo was killed when assaulted by another patron at the Atlers' bar. Following a bench trial, the court adjudged the Atlers liable for the entire damages. The Atlers appealed and the Court of Appeals reversed, holding that the Atlers' negligence...

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