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GOURDI v. BERKELO

No. 23778.

930 P.2d 812 (1996)

122 N.M. 675

Tamara GOURDI and Timothy C. Gourdi, Husband and Wife, Plaintiffs-Respondents, v. Robert S. BERKELO and Sharon B. Berkelo 1983 Trusts, Robert S. Berkelo, and Sharon B. Berkelo, Trustees, Defendants-Petitioners.

Supreme Court of New Mexico.

December 6, 1996.

Attorney(s) appearing for the Case

Dines, Wilson & Gross, P.C., Nelse Schreck, Michael A. Gross, Albuquerque, for Defendants-Petitioners.

Will Ferguson & Associates, Donald M. Pinnock, Albuquerque, for Plaintiffs-Respondents.

OPINION

McKINNON, Justice.

[1] Tamara Gourdi was working as a waitress for a J.B.'s Big Boy Family Restaurant ("J.B.'s") in Albuquerque when she slipped in liquid and fell on the restaurant floor, the presence of the liquid being caused by a drainage backup on the premises. J.B.'s leased the premises from the Robert S. Berkelo and Sharon B. Berkelo 1983 Trusts ("the owner"). Gourdi and her husband sued the owner for damages, alleging that it negligently...

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