FITZJERRELL v. CITY OF GALLUP

No. 22,119.

79 P.3d 836 (2003)

134 N.M. 492

2003-NMCA-125

Franklin FITZJERRELL, as Personal Representative of the Estate of Paul Adam Fitzjerrell; Tanya Fitzjerrell, Wife; Tanya Fitzjerrell, as Guardian Ad Litem acting on behalf of John-Paul Fitzjerrell, Son, Plaintiffs, and Franklin Fitzjerrell, Father; Verlia Fitzjerrell, Mother; Gail Fitzjerrell, Sister; Judy Tixier, Sister; Sandy Fitzjerrell, Sister; Grace Lueras, Sister; and Valerie Galaviz, Sister, Plaintiffs-Appellants, v. CITY OF GALLUP ex rel. GALLUP POLICE DEPARTMENT, an Agency of the City of Gallup; Michael Brandau; Kenneth C. Brandau; Sigarms, Inc., a corporation; SIG, a corporation; and Unknown Persons 1 through 100, Defendants-Appellees.

Court of Appeals of New Mexico.

August 28, 2003.


Attorney(s) appearing for the Case

William G. Stripp, Ramah, NM, for Appellants.

James P. Lyle, Law Offices of James P. Lyle, P.C., Albuquerque, NM, for Appellees.


OPINION

KENNEDY, Judge.

{1} In this case we are called on to determine whether the parents and siblings of a deceased adult, with whom they did not live, can maintain a common law cause of action for loss of consortium. Plaintiffs represent two classes of relatives who have not yet been permitted to maintain such a suit as a matter of law. The district court accordingly dismissed their complaint for failing to state a cause of action as a matter of...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases