ABEITA v. NORTHERN RIO ARRIBA ELEC. CO-OP.

No. 17088.

946 P.2d 1108 (1997)

124 N.M. 97

1997-NMCA-097

Patricia W. ABEITA, Individually and as the Widow and Personal Representative of the Estate of Jose I. Abeita, Deceased, and as the natural mother and next friend of Amy Abeita, Catherine Abeita, and Maureen Abeita, minors, and Jacklyn Bitsie, as the natural mother and next friend of Meredith Abeita, a minor, Plaintiffs-Appellees/Cross-Appellants, v. NORTHERN RIO ARRIBA ELECTRIC COOPERATIVE, a New Mexico Corporation, Defendant-Appellant/Cross-Appellee.

Court of Appeals of New Mexico.

August 15, 1997.


Attorney(s) appearing for the Case

Brian K. Branch, Daniel R. Swiss, the Branch Law Firm, Albuquerque, and David C. Chavez, the Law Firm of David Chavez, Los Lunas, for Appellees/Cross-Appellants.

Gregory V. Pelton, Pelton & O'Brien, P.A., Albuquerque, for Appellant/Cross-Appellee.


OPINION

HARTZ, Judge.

(1) Northern Rio Arriba Electric Cooperative (NORA) appeals from a judgment against it arising from the death of Plaintiffs' decedent, Jose Abeita. Abeita was electrocuted while completing construction work on the home of Thurman and Jolene Velarde. The jury awarded compensatory damages—apportioning fault 60% to NORA, 30% to Abeita, and 10% to Mr. Velarde—and punitive damages. The district court held that NORA was...

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