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CHAMBERLAND v. ROSWELL OSTEOPATHIC CLINIC

No. 20,701.

27 P.3d 1019 (2001)

130 N.M. 532

2001-NMCA-045

Johnny CHAMBERLAND and Laquita Chamberland, Individually and as Husband and Wife, Plaintiffs-Appellants, v. ROSWELL OSTEOPATHIC CLINIC, INC., Manual Fachado, D.O., and Patrick Kelley, D.O., jointly and severally, Defendants-Appellees.

Court of Appeals of New Mexico.

Certiorari Denied August 9, 2001.

Attorney(s) appearing for the Case

Kevin J. Hanratty, Hanratty Law Firm, Artesia, NM, L. Christopher Breard, Breard Law Firm, Ltd., Gulfport, MS, for Appellants.

Alice Tomlinson Lorenz, Gregory W. Chase, Miller, Stratvert & Torgerson, P.A., Albuquerque, NM, for Appellees.

Certiorari Denied, No. 27,030, August 9, 2001.

OPINION

BOSSON, Chief Judge.

{1} In this appeal we discuss the elements of independent intervening cause as an affirmative defense and the evidence necessary to justify a jury instruction on it, particularly in light of the limited role our Supreme Court has assigned to independent intervening cause after Torres v. El Paso Elec. Co., 1999-NMSC-029, 127 N.M. 729<...

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