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ROMERO v. TRUCHAS MUT. DOMESTIC WATER

No. 15970.

908 P.2d 764 (1995)

121 N.M. 71

Marcello ROMERO, Plaintiff-Appellant, v. TRUCHAS MUTUAL DOMESTIC WATER CONSUMER AND MUTUAL SEWAGE WORKS ASSOCIATION, Defendant-Appellee.

Court of Appeals of New Mexico.

September 28, 1995.

Attorney(s) appearing for the Case

John F. Quinn, Santa Fe, for Plaintiff-Appellant.

Mark L. Ish, Carol J. Ritchie, Felker, Ish, Hatcher, Ritchie, Sullivan & Geer, P.A., Santa Fe, for Defendant-Appellee.

OPINION

PICKARD, Judge.

1. Two issues are presented for our review in this negligence action: (1) whether Plaintiff adduced sufficient evidence to merit a jury trial and instruction on the doctrine of res ipsa loquitur; and (2) whether Plaintiff properly preserved the issue of res ipsa loquitur for appellate review when the trial court entered summary judgment for Defendant. We reverse the trial court's grant of summary judgment, and we remand for...

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