CHAVEZ v. TORRES

No. 19,818.

991 P.2d 1 (1999)

128 N.M. 171

1999-NMCA-133

Cynthia CHAVEZ, Plaintiff-Appellant, v. Isabel TORRES, Individually, Defendant-Appellee.

Court of Appeals of New Mexico.

August 16, 1999.


Attorney(s) appearing for the Case

Dennis W. Montoya, Albuquerque, for Appellant.

Gregory L. Biehler, Phyllis H. Bowman, Beall & Biehler, P.A., Albuquerque, for Appellee.


OPINION

BOSSON, Judge.

{1} This case involves a homeowner's duty to control foreseeable criminal activity by a third party on her land that causes personal injury to a visitor of that third party. We examine that duty as it is alleged to arise under the common-law doctrine of negligent entrustment and as it occurs under the Restatement (Second) of Torts § 318 (1965). We hold that negligent entrustment does not apply as a matter of law. We assume...

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