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GABALDON v. ERISA MORTGAGE COMPANY

No. 17038.

949 P.2d 1193 (1997)

124 N.M. 296

1997-NMCA-120

Christine GABALDON, individually and as next friend of her minor children Victor Baldizan and Charlene Baldizan, Plaintiffs-Appellants. v. ERISA MORTGAGE COMPANY, Jointly and Severally, Defendant-Appellee.

Court of Appeals of New Mexico.

Certiorari Granted November 21, 1997.

Attorney(s) appearing for the Case

Albert B. Lassen, Lassen & Jaffe, Albuquerque, for Plaintiffs-Appellants.

J.E. Casados, Robert L. Hlady, Gallagher, Casados & Mann, P.C., Albuquerque, for Defendant-Appellee.

OPINION

BUSTAMANTE, Judge.

1. Young Victor Baldizan was injured in a near-drowning incident in the wave machine at The Beach Waterpark (The Beach) in Albuquerque. Victor, acting by and through his mother, filed suit against the owner of the property, Erisa Mortgage Company (Erisa), the lessee/operator of the property, Jay-Bi Property Management, Inc., and the City of Albuquerque. Victor appeals from an order...

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