ACOSTA v. CASTLE CONST., INC.

No. 13245.

868 P.2d 673 (1994)

117 N.M. 28

Sandra ACOSTA, Personal Representative of the Estate of Zacqueo Martinez-Acosta, Deceased, Plaintiff-Appellee, Jaime Acosta, Plaintiff-In-Intervention-Appellant, v. CASTLE CONSTRUCTION, INC., R.T. Contractors, Inc., Four Seasons Heating and Cooling, Sierra Construction, Inc., and Loretto Partners, Defendants-Appellees.

Court of Appeals of New Mexico.

January 5, 1994.


Attorney(s) appearing for the Case

Jake Evans, Las Cruces, for plaintiff-appellee.

Mario A. Esparza, Las Cruces, for plaintiff-in-intervention-appellant.

Larry Ramirez, Weinbrenner, Richards, Paulowsky & Sandenaw, Las Cruces, for defendant-appellee Castle Const., Inc.

Kenneth H. Martinez, Beall, Biehler & Bannerman, P.A., Albuquerque, for defendant-appellee R.T. Contractors, Inc.

LeRoi Farlow and Suzanne R. Spiers, the Farlow Law Firm, P.A., Albuquerque, for defendant-appellee Four Seasons Heating and Cooling.

Lawrence R. White, Miller, Stratvert, Torgerson & Schlenker, P.A., Las Cruces, for defendants-appellees Sierra Const., Inc. and Loretto Partners, Inc.


OPINION

ALARID, Judge.

Plaintiff-In-Intervention Jaime Acosta (Acosta) appeals the trial court's grant of summary judgment in favor of Defendants. The sole issue raised on appeal is whether the trial court erred in granting Defendants' motion for summary judgment because Acosta did not establish the element of "contemporary sensory perception of the accident" which is necessary for a claim of negligent infliction of emotional distress. We answer ...

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