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PROVENCIO v. WENRICH

No. 28,882.

242 P.3d 366 (2010)

2010-NMCA-047

Cynthia and Perfecto PROVENCIO, Plaintiffs-Appellants, v. Steven L. WENRICH, D.O., Defendant-Appellee.

Court of Appeals of New Mexico.

Certiorari Granted, June 2, 2010, No. 32,344.

Attorney(s) appearing for the Case

Law Offices of James P. Lyle, P.C., James P. Lyle , Albuquerque, NM, for Appellants.

Sandenaw & Anderson, P.C., Thomas A. Sandenaw, Jr. , CaraLyn Banks . Las Cruces, NM, for Appellee.

OPINION

FRY, Chief Judge.

{1} Plaintiffs Cynthia and Perfecto Provencio appeal the district court's dismissal of their negligence case against Defendant Steven Wenrich, D.O. Plaintiffs filed suit against Defendant seeking damages for the costs of raising their child conceived after an unsuccessful sterilization procedure performed by Defendant. After the close of Plaintiffs' case at a jury trial, Defendant moved for judgment as a matter of law...

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