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MENDOZA v. TAMAYA ENTERPRISES, INC.

No. 28,809.

238 P.3d 903 (2010)

2010-NMCA-074

Gina MENDOZA, as Personal Representative under the Wrongful Death Act of Michael Mendoza, deceased, and F. Michael Hart, as Personal Representative under the Wrongful Death Act of Desiree Mendoza, deceased, Plaintiffs-Appellants, v. TAMAYA ENTERPRISES, INC., a federally chartered corporation, d/b/a Santa Ana Star Casino, Defendant-Appellee.

Court of Appeals of New Mexico.

Certiorari Granted, August 10, 2010, No. 32,447.

Attorney(s) appearing for the Case

Oldaker, Norris & Rockwell, LLC, Earl R. Norris , Albuquerque, NM, for Appellants.

Rothstein, Donatelli, Hughes, Dahlstrom, Schoenburg & Bienvenu, LLP, Richard W. Hughes , Donna M. Connolly , Santa Fe, NM, for Appellee.

OPINION

ROBLES, Judge.

{1} Gina Mendoza and Michael Hart (Plaintiffs), as personal representatives of Michael and Desiree Mendoza, brought a wrongful death action against Tamaya Enterprises, Inc. (Tamaya) in the Bernalillo County District Court. The complaint alleged that Tamaya sold alcohol to Michael and Desiree Mendoza at a social function despite their intoxication and, as a result of Tamaya's negligence, they were killed on their way home...

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