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ATLER v. MURPHY ENTERPRISES, INC.

No. 23,620.

104 P.3d 1092 (2004)

136 N.M. 701

2005-NMCA-006

Dora M. ATLER, individually, and as the natural mother, guardian, and next friend of Vanessa Atler, a minor, Plaintiff-Appellee, v. MURPHY ENTERPRISES, INC., a Nebraska corporation, and Spectacular Attractions, Inc., an Oklahoma corporation, Defendants-Appellants.

Court of Appeals of New Mexico.

Certiorari Granted January 10, 2005.

Attorney(s) appearing for the Case

Bill Chappell, Jr., Michael Hoeferkamp, Chappell Law Firm, P.A., Albuquerque, NM, Steven L. Tucker, Tucker Law Firm, P.C., Santa Fe, NM, for Appellees.

Thomas C. Bird, Anastasia S. Stevens, Gary J. Van Luchene, Benjamin F. Feuchter, Keleher & McLeod, P.A., Daniel J. O'Brien, Richard J. Valle, O'Brien & Houliston, Albuquerque, NM, for Appellants.

Certiorari Granted, No. 28,982, January 10, 2005.

OPINION

WECHSLER, Chief Judge.

{1} Defendants, Murphy Enterprises, Inc. (Murphy), and Spectacular Attractions, Inc. (Spectacular), the sole shareholder of Murphy, appeal from a jury verdict awarding compensatory and punitive damages to Plaintiff. Defendants acknowledged their own negligence, but argued at trial that others were comparatively negligent...

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