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OTERO v. JORDAN RESTAURANT ENTERPRISES

No. 22841.

922 P.2d 569 (1996)

122 N.M. 187

John OTERO, Plaintiff-Respondent, v. JORDAN RESTAURANT ENTERPRISES, a New Mexico Corporation, Defendant-Petitioner.

Supreme Court of New Mexico.

July 25, 1996.

Attorney(s) appearing for the Case

Wycliffe V. Butler, Butler & Butler, P.A., Albuquerque, for Respondent.

Donald C. Schutte, Schutte & Associates, P.C., Albuquerque, for Petitioner.

OPINION

RANSOM, Justice.

1. John Otero sued Jordan Restaurant Enterprises for personal injuries he suffered in the collapse of metal bleachers on which he was seated. The bleachers had been assembled by Gary Marquart, doing business as Desert Hawk, Inc., an independent contractor hired by Jordan to make improvements to its restaurant and sports bar. Prior to trial the district court granted Otero's motion for partial summary judgment against Jordan on the...

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