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GABALDON v. ERISA MORTGAGE CO.

No. 24,788, 24,791.

990 P.2d 197 (1999)

128 N.M. 84

1999-NMSC-039

Christine GABALDON, individually and as next friend of her minor children, Victor Baldizan and Charlene Baldizan, Plaintiffs-Respondents, v. ERISA MORTGAGE COMPANY, jointly and severally, Defendant-Petitioner. Christine Gabaldon, individually and as next friend of her minor children, Victor Baldizan and Charlene Baldizan, Plaintiffs-Petitioners, v. Erisa Mortgage Company, jointly and severally, Defendant-Respondent.

Supreme Court of New Mexico.

October 7, 1999.

Attorney(s) appearing for the Case

Lassen & Jaffe, Albert B. Lassen, Albuquerque, for Gabaldon.

Gallagher, Casados & Mann, P.C., J.E. Casados, Reed S. Sheppard, Robert L. Hlady, Albuquerque, for Erisa Mortgage Company.

OPINION

BACA, Justice.

{1} Pursuant to NMSA 1978, § 34-5-14(B)(4) (1972), on certiorari from the Court of Appeals, we consider: 1) whether the operation of a wave pool is an inherently dangerous activity, and 2) whether plaintiffs may maintain an action against a non-possessory landlord under a negligent entrustment theory of liability. We affirm the Court of Appeals' holding that the operation of wave pools is not an inherently dangerous activity...

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