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MILLER v. KIRK

No. 22938.

905 P.2d 194 (1995)

120 N.M. 654

Cynthia MILLER, individually and as the personal representative of the Estate of Justin Dale Miller, deceased, Plaintiff-Appellant, v. Robert KIRK, Defendant-Appellee.

Supreme Court of New Mexico.

October 17, 1995.

Attorney(s) appearing for the Case

The Branch Law Firm, Margaret Moses Branch, Felicia C. Weingartner, Daniel R. Swiss, Albuquerque, for Appellant.

Guebert & Yeomans, P.C., Terry R. Guebert, Don Bruckner, Albuquerque, for Appellee.

Butt, Thornton & Baehr, P.C., Emily A. Franke, Albuquerque, for Amicus Curiae NM Defense Lawyers Association.

OPINION

FRANCHINI, Justice.

1. This case is before us on certification from the Court of Appeals pursuant to NMSA 1978, Section 34-5-14(C)(2) (Repl. Pamp.1990) (providing for certification from Court of Appeals to Supreme Court matters that involve "substantial public interest"). We address the scope of liability under the New Mexico Wrongful Death Act, NMSA 1978, §§ 41-2-1 to -4 (Repl.Pamp.1989) (hereafter "the Wrongful Death Act" or "the Act...

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