CRESPIN v. ALBUQUERQUE BASEBALL CLUB, LLC

No. 27,864.

216 P.3d 827 (2009)

2009-NMCA-105

Edward CRESPIN and Janis Crespin, Individually and as parents of Emilio Crespin, Rachel Crespin, and Cassandra Garcia, all minors, Plaintiffs-Appellants, v. ALBUQUERQUE BASEBALL CLUB, LLC, d/b/a Albuquerque Isotopes, City of Albuquerque, Houston McLane Company d/b/a Houston Astros, and Dave Matranga, Defendants-Appellees.

Court of Appeals of New Mexico.

Certiorari Granted, No. 31,907, September 15, 2009.

Certiorari Granted, No. 31,917, September 15, 2009.


Attorney(s) appearing for the Case

Vigil Law Firm, P.A., Jacob G. Vigil, L. Helen Bennett, Albuquerque, NM, for Appellants.

Butt Thornton & Baehr, PC, Sean E. Garrett, S. Carolyn Ramos, Emily A. Franke, Albuquerque, NM, for Appellee Albuquerque Baseball Club, LLC d/b/a Albuquerque Isotopes.

Robert M. White, City Attorney, Michael I. Garcia, Assistant City Attorney, Albuquerque, NM for Appellee City of Albuquerque.

Modrall, Sperling, Roehl, Harris & Sisk, P.A., Max J. Madrid, Emil J. Kiehne, Albuquerque, NM, Gardere Wynne Sewell, LLP, Jeffrey S. Davis, Houston, TX, for Appellees Houston McLane Co. d/b/a Houston Astros and Dave Matranga.


OPINION

FRY, Chief Judge.

{1} Plaintiffs sued Defendants Albuquerque Baseball Club, LLC, d/b/a Albuquerque Isotopes (Isotopes), the City of Albuquerque (the City), Houston McLane Co. d/b/a Houston Astros (Astros), and Dave Matranga for injuries sustained by their son when Plaintiffs were attending a pre-game picnic at the Isotopes baseball team's stadium in Albuquerque, New Mexico. Matranga, a player for the visiting Astros team, was engaged...

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