TAFOYA v. RAEL

No. 30,568.

193 P.3d 551 (2008)

2008-NMSC-057

2008-NMCA-057

Valerie TAFOYA, as personal representative of the Estate of Phillip Tafoya Jr., Plaintiff-Petitioner, v. Jason RAEL and Wilfred Rael, d/b/a Rael Excavation & Co., and Thomas Tafoya, d/b/a Chuby's Construction, Defendants-Respondents.

Supreme Court of New Mexico.

September 10, 2008.


Attorney(s) appearing for the Case

Anthony Lopez, Taos, NM, for Petitioner.

Law Offices of Paul S. Grand, P.A., Paul S. Grand, Hinkle, Hensley, Shanor & Martin, L.L.P., Michael C. Williams, Gary W. Larson, Santa Fe, NM, for Respondents.


OPINION

BOSSON, Justice.

{1} This appeal raises a question regarding the duty of care, if any, owed by a general contractor to an unlicensed independent contractor whom the general contractor knowingly hired to perform dangerous work for which he was neither licensed nor qualified, resulting in his death. We hold that New Mexico's public policy favors imposing a duty to take appropriate measures so that independent contractors whom the general...

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