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CAIN v. CHAMPION WINDOW CO. OF ALBUQUERQUE

No. 26,104.

164 P.3d 90 (2007)

2007-NMCA-085

Douglas L. CAIN and Donald Hastie, Plaintiffs-Appellants, v. CHAMPION WINDOW COMPANY OF ALBUQUERQUE, LLC, Defendant-Appellee, and Frederick Hammett, individually and d/b/a Fixity Fixation, Defendant.

Court of Appeals of New Mexico.

May 17, 2007.

Attorney(s) appearing for the Case

O'Brien & Ulibarri, P.C., Daniel P. Ulibarri, Albuquerque, NM, for Appellants.

Hatch, Allen & Shepherd, P.A., Donna L. Chapman, Amy M. Cardwell, Albuquerque, NM, for Appellee.

OPINION

FRY, Judge.

{1} Plaintiffs appeal from summary judgment in favor of Defendant Champion Window Co. of Albuquerque, LLC (Champion). Plaintiffs contend that the district court erred when it found as a matter of law that Champion is not liable for the damage allegedly caused by the negligence of Champion's employee, Defendant Frederick Hammett, when he installed a gas stove for Plaintiffs on his day off and without Champion's knowledge....

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