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KORBA v. ATLANTIC CIRCULATION, INC.

No. 28,774.

231 P.3d 118 (2010)

2010-NMCA-029

Monica Eloise KORBA, individually and as Personal Representative of the Estate of Brandy Rose Korba, deceased, and as Next Friend for Bryce Aaron Korba, a minor; Ruby Gerandt, individually and as Personal Representative of the Estate of Alicia Gerandt, deceased; Richard Hooke; and Steven Rouse, Plaintiffs-Appellants, v. ATLANTIC CIRCULATION, INC., a Delaware Corporation; Jaime R. Miller; Michelle R. Sanchez; Does 1-20 inclusive; Doe Managers 1-5 inclusive; and Doe Corporations 1-5 inclusive, Defendants-Appellees.

Court of Appeals of New Mexico.

Certiorari Denied, No. 32,218, March 4, 2010.

Attorney(s) appearing for the Case

The Branch Law Firm, Turner W. Branch, Albuquerque, NM, for Appellants.

Gerding & O'Loughlin, P.C., Michael T. O'Loughlin, Farmington, NM, for Appellees.

OPINION

VIGIL, Judge.

{1} This is a personal injury case in which Atlantic Circulation, Inc., a magazine subscription processing company, obtained summary judgment on the basis that magazine sales managers and salespersons were not its employees. Plaintiffs appeal, and we affirm.

BACKGROUND

{2} Sales managers and salespersons who process sales subscriptions through Atlantic Circulation were riding in a 1992 Chevrolet...

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