WACHOCKI v. BCSD

No. 27,761.

228 P.3d 504 (2009)

2010-NMCA-021

Michael and Tia WACHOCKI, individually and as Personal Representatives of the Estate of Jason Wachocki, deceased, and Bill Wachocki, Plaintiffs-Appellees/Cross-Appellants, v. BERNALILLO COUNTY SHERIFF'S DEPARTMENT, Defendant-Appellant/Cross-Appellee.

Court of Appeals of New Mexico.

Certiorari Granted, February 8, 2010, Nos. 32,131, 32,099.


Attorney(s) appearing for the Case

McGinn, Carpenter, Montoya & Love, P.A., Randi McGinn, A. Elicia Montoya, Albuquerque, NM, for Plaintiffs-Appellees/Cross-Appellants.

Kennedy, Moulton & Wells, P.C., Deborah D. Wells, Albuquerque, NM, for Defendant-Appellant/Cross-Appellee.

Slease & Martinez, P.A., William D. Slease, Jonlyn M. Martinez, Albuquerque, NM, for Amicus Curiae NM Association of Counties.


OPINION

BUSTAMANTE, Judge.

{1} The Bernalillo County Sheriff's Department (BCSD) appeals the judgment of the district court holding it thirty percent liable for the wrongful death of Jason Wachocki. BCSD argues (1) that several of the district court's factual findings were not supported by substantial evidence; (2) that the district court erred in finding that Jason Wachocki had no comparative fault in causing his death; (3) that the district...

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