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YARDMAN v. SAN JUAN DOWNS, INC.

No. 11888.

906 P.2d 742 (1995)

120 N.M. 751

George S. YARDMAN, Plaintiff-Appellee and Cross-Appellant, v. SAN JUAN DOWNS, INC., a New Mexico Corporation, and Board of County Commissioners of San Juan County, Defendants-Appellants and Cross-Appellees.

Court of Appeals of New Mexico.

Certiorari Denied October 26, 1995.

Attorney(s) appearing for the Case

David Duhigg, Duhigg, Cronin & Spring, P.A., Albuquerque, for Plaintiff-Appellee and Cross-Appellant.

Mark L. Ish, Carol J. Ritchie, Mariana G. Geer, Felker & Ish, P.A., Santa Fe, for Defendants-Appellants and Cross-Appellees.

Tom Udall, Attorney General, Randall W. Childress, Deputy Attorney General, Santa Fe, Sorenson & Schutte, P.C., By: Stephen J. Rhoades, Special Assistant Attorney General, Albuquerque, for Amicus Curiae, Risk Management Div., General Services Dep't of State of N.M.

William H. Carpenter, Chairman, Amicus Committee, New Mexico Trial Lawyers Ass'n, Michael B. Browde, Albuquerque, for Amicus Curiae, New Mexico Trial Lawyers Ass'n.

OPINION

DONNELLY, Judge.

1. Defendants, San Juan Downs, Inc. and the Board of County Commissioners of San Juan County (the County) appeal, and Plaintiff, George S. Yardman, cross-appeals, from the judgment entered by the trial court following a trial by jury. This cause was initially certified to the New Mexico Supreme Court; however, by order dated June 29, 1995, that Court remanded certain of the issues posed by the appeal and cross-appeal to this...

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