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MADSEN v. SCOTT

No. 25,218.

992 P.2d 268 (1999)

128 N.M. 255

1999-NMSC-042

Ronald Dale MADSEN and Terrisa Ruth Madsen, individually and as personal representatives of the Estate of Jason Madsen, deceased, Plaintiffs-Respondents, v. Shawn D. SCOTT, Defendant-Petitioner.

Supreme Court of New Mexico.

November 3, 1999.

Attorney(s) appearing for the Case

Atwood, Malone, Turner & Sabin, P.A., Robert E. Sabin, Victoria Davis Armstrong, Roswell, for Petitioner.

Tucker Law Firm, P.C., Steven L. Tucker, Santa Fe, for Respondents.

OPINION

SERNA, Justice.

{1} Ronald and Terrisa Madsen, Plaintiffs, are suing Shawn Scott, Defendant-Home-owner, for the death of their son, Jason. The trial court granted summary judgment for Homeowner, finding that there was no genuine issue of material fact and that there was no principal-agent relationship between Homeowner and his house-sitter, Melvin Franklin. A majority of the Court of Appeals reversed, Madsen v. Scott, 1998-NMCA-092,

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