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CIUP v. CHEVRON U.S.A., INC.

No. 23371.

928 P.2d 263 (1996)

122 N.M. 537

Maria CIUP, in her own capacity, Maria Ciup and Mihai Ciup as personal representatives of Mihai Ciup, deceased, and Marion Ionita, Plaintiffs-Appellants, v. CHEVRON U.S.A., INC., Defendant-Appellee.

Supreme Court of New Mexico.

Rehearing Denied November 26, 1996.

Attorney(s) appearing for the Case

Randi McGinn & Associates, P.A., Randi McGinn, William B. Towle, Albuquerque, for Plaintiffs-Appellants.

Sager, Curran, Sturges & Tepper, P.C., Paul E. Houston, Sarah Curry Smith, Albuquerque, for Defendant-Appellee.

OPINION

MINZNER, Justice.

1. Plaintiffs appeal the trial court's grant of summary judgment in favor of Chevron U.S.A., Inc. They contend that the trial court erred in determining that Chevron was not liable for assault resulting from the robbery of an independently-owned and independently-operated service station dispensing Chevron gasoline. They also contend that the trial court erred in proceeding with a motion for summary judgment before disposition...

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