ROMERO v. GIANT STOP-N-GO OF NEW MEXICO

No. 28,063.

212 P.3d 408 (2009)

2009-NMCA-059

Geoffrey R. ROMERO, Esq., as Personal Representative of the Estate of Nathaniel Maestas, deceased Dyvine Martinez, as Mother of Nathaniel Maestas, deceased; Francine and Robert Martinez, as Parents and Next Friends of Cassandra Martinez, a minor; and Rose Valdez, Individually and as Representative of the Estate of Eric Tollardo, deceased; and Frank Tollardo and Dolores Silva, Plaintiffs-Appellants, v. GIANT STOP-N-GO OF NEW MEXICO, INC., d/b/a Mustang #7297; Mustang Fuel Corporation, an Oklahoma corporation; Giant Industries, a Delaware corporation, and Jason Perea, Defendants-Appellees.

Court of Appeals of New Mexico.

Certiorari Denied, No. 31,683, May 22, 2009.


Attorney(s) appearing for the Case

Bruce S. McDonald, Law Offices of Bruce S. McDonald, Corbin Hildebrandt Corbin Hildebrandt, P.C., Albuquerque, NM, Zangara Law Office, Kevin A. Zangara, Taos, NM, for Appellants.

Lisa Ortega, Jocelyn Drennan, Edward Ricco, Rodey, Dickason, Sloan, Akin & Robb, P.A., Albuquerque, NM, for Appellees.


OPINION

VIGIL, Judge.

{1} This case arises out of a shooting that took place at a Mustang convenience store and gas station in which three people were killed and one person was injured. Plaintiffs filed a premises liability case against the owner and operator of the business (Defendant) alleging wrongful death and personal injury. The district court concluded that Defendant had no duty to prevent the episode, and granted summary judgment. We...

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