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SPENCER v. UNIVERSITY OF NEW MEXICO HOSP.

No. 22,702.

91 P.3d 73 (2004)

135 N.M. 554

2004-NMCA-047

James SPENCER, Personal Representative of the Estate of Hope Rigolosi, Deceased, Plaintiff-Appellant, v. UNIVERSITY OF NEW MEXICO HOSPITAL, University of New Mexico Board of Regents, and Benjamin Williams, Defendants, and Health Force, Inc., a New York Corporation doing business in the State of New Mexico, Defendant-Appellee.

Court of Appeals of New Mexico.

Certiorari Granted April 23, 2004.

Attorney(s) appearing for the Case

Amalia S. Lucero, Lisa K. Vigil, Jacob G. Vigil, Vigil & Vigil, P.A., Albuquerque, for Appellant.

M. Eliza Stewart, Michele U. Estrada, Madison, Harbour, Mroz & Brennan, P.A., Albuquerque, for Appellee.

Certiorari Granted, No. 28,532, April 23, 2004.

OPINION

WECHSLER, Chief Judge.

{1} Ben Williams, a man with a long criminal record, was hired as a caregiver by Health Force, Inc., and allegedly caused the death of Plaintiff's decedent, Hope Rigolosi, by injecting her with heroin. Plaintiff sued Health Force, alleging liability based on negligent hiring and retention and respondeat superior. The district court granted summary judgment on both...

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