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ENRIQUEZ v. COCHRAN

Nos. 17,832, 17,912.

967 P.2d 1136 (1998)

126 N.M. 196

1998-NMCA-157

Ernest Ray ENRIQUEZ and Brenda Enriquez, individually and as parents of Mark Lee Enriquez, a minor and Crystal Renee Enriquez, a minor child, Plaintiffs-Appellees/Cross-Appellants, v. Larry P. COCHRAN, individually and as a volunteer of the Boy Scouts of America and Boy Scouts of America, Inc., Defendants-Appellants/Cross-Appellees.

Court of Appeals of New Mexico.

Certiorari Denied October 13, 1998.

Attorney(s) appearing for the Case

Randi McGinn, McGinn & Associates, P.A., Albuquerque, Wesley Reid Bobbitt, Albuquerque, for Plaintiffs-Appellees/Cross-Appellants.

John A. Klecan, Butt, Thornton & Baehr, P.C., Albuquerque, Stevan Douglas Looney, Crider, Calvert & Bingham, P.C., Albuquerque, for Defendant-Appellant/Cross-Appellee Boy Scouts of America, Inc.

Cas F. Tabor, Denise Madrid, McCormick, Caraway, Tabor & Madrid, Carlsbad, for Defendant/Cross-Appellee Larry P. Cochran.

OPINION

BUSTAMANTE, J.

{1} In 1992 Ernest Ray Enriquez (Plaintiff) was severely injured when the top twenty feet, or so, of a tree he was helping to cut down broke off and fell on him. He brought suit against Larry P. Cochran (Cochran) one of the persons helping with the tree felling, and against the Boy Scouts of America, Inc. (BSA). The jury assigned seventy-five percent of the fault for Plaintiff's injuries to BSA and divided the remaining twenty...

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