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FORT KNOX SELF STORAGE v. WESTERN

No. 25,173.

142 P.3d 1 (2006)

2006-NMCA-096

FORT KNOX SELF STORAGE, INC., Plaintiff-Appellee, v. WESTERN TECHNOLOGIES, INC., Defendant-Appellant.

Court of Appeals of New Mexico.

As Corrected August 29, 2006.

Attorney(s) appearing for the Case

Yenson, Lynn, Allen & Wosick, P.C. Matthew A. Pullen April D. White Albuquerque, NM, for Appellee.

Cuddy, Kennedy, Albetta & Ives, L.L.P. Keith S. Burn Samantha J. Fenrow Santa Fe, NM, for Appellant.

OPINION

FRY, Judge.

{1} Defendant Western Technologies, Inc. appeals an order awarding Plaintiff Fort Knox Self Storage, Inc. over $110,000 in damages for negligence, over $240,000 in attorney fees, and prejudgment interest. The contract between the parties, in which Western was to provide geotechnical engineering services in evaluating the subsurface conditions of a proposed building site, contained a limitation of liability clause purportedly...

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