Maria CHAIREZ, Individually and as Personal Representative of the Estate of Juan Chairez, Leonel Chairez, Mirna Ramirez, Rosa Isela Ceballos and Abraham Chairez, Plaintiffs-Appellants,
v.
JAMES HAMILTON CONSTRUCTION CO., and RC Ribble Company/N.C. Ribble Co., Defendants-Appellees.
Court of Appeals of New Mexico.https://leagle.com/images/logo.png
May 15, 2009.
Certiorari Denied, No. 31,754, July 22, 2009.
Attorney(s) appearing for the Case
Tucker Law Firm, P.C., Steven L. Tucker, Santa Fe, NM, Scherr & LeGate, P.L.L.C., James F. Scherr, Javier Espinoza, Jeffrey B. Pownell, El Paso, TX, for Appellants.
Cervantes Law Firm, P.C., Joseph Cervantes, Las Cruces, NM, L. Helen Bennett, Jeffrey A. Dahl, Law Offices, P.C., Jeffrey A. Dahl, Albuquerque, NM, for Appellee James Hamilton Construction Co.
Modrall, Sperling, Roehl, Harris & Sisk, P.A., Kenneth L. Harrigan, Stan N. Harris, Albuquerque, NM, for Appellee N.C. Ribble Co.
Court of Appeals of New Mexico.
OPINION
FRY, Chief Judge.
{1} In this appeal we address a facet of strict liability concerning a manufacturer's liability when, after delivery, a product is altered by the user. The product involved is a portable rock crushing plant designed by Defendant N.C. Ribble (NCR) and delivered to Defendant Hamilton Construction Company (Hamilton) in 1981. After the rock crusher was delivered, it was modified, apparently to make it easier for a worker...
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