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GABALDON v. JAY-BI PROPERTY MANAGEMENT

No. 22845.

925 P.2d 510 (1996)

122 N.M. 393

Christine GABALDON, individually and as next friend of her minor children, Victor Baldizan and Charlene Baldizan, Plaintiff-Appellant, v. JAY-BI PROPERTY MANAGEMENT, INC., Defendant-Appellee.

Supreme Court of New Mexico.

September 30, 1996.

Attorney(s) appearing for the Case

Lassen & Jaffe, Albert B. Lassen, Albuquerque, for Appellant.

Kalm Law Office, P.C., Thomas L. Kalm, Gregory W. MacKenzie, Albuquerque, for Appellee.

OPINION

MINZNER, Justice.

Appellant Christine Gabaldon appeals from summary judgment granted in favor of Defendant Jay-Bi Property Management, Inc. (hereinafter "Jay-Bi") on Gabaldon's claims of negligent infliction of emotional distress. In this appeal we address whether Gabaldon or her daughter, Charlene Baldizan, "contemporaneously perceived" the near-drowning of Victor Baldizan. We take this opportunity to explain the concept of contemporaneous...

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