EDWARD C. v. CITY OF ALBUQUERQUE

Nos. 31,907, 31,917.

241 P.3d 1086 (2010)

2010-NMSC-043

EDWARD C. and Janis C., individually and as parents of Emilio C., Rachel C., and Cassandra G., minor children, Plaintiffs-Respondents, v. CITY OF ALBUQUERQUE, Defendant-Petitioner. Edward C. and Janis C., individually and as parents of Emilio C., Rachel C., and Cassandra G., minor children, Plaintiffs-Respondents, v. Albuquerque Baseball Club, L.L.C., d/b/a Albuquerque Isotopes, Defendant-Petitioner.

Supreme Court of New Mexico.

September 3, 2010.


Attorney(s) appearing for the Case

Robert M. White , Michael I. Garcia , Albuquerque, NM, for Petitioner City of Albuquerque.

Butt, Thornton & Baehr, P.C., S. Carolyn Ramos , Sean E. Garrett , Emily A. Franke , Albuquerque, NM, for Petitioner Albuquerque Baseball Club, L.L.C.

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

Michael B. Browde , Law Office of William E. Snead, William E. Snead, Albuquerque, NM for Amicus Curiae, New Mexico Trial Lawyers Association.

McNerney, Page, Vanderlin & Hall, Benjamin E. Landon , Williamsport, PA, for Amicus Curiae, Little League Baseball, Incorporated.

Miller Stratvert P.A., Ruth Fuess , Albuquerque, NM, Holme, Roberts & Owen, L.L.P., Steven B. Smith , Brent E. Rychener , Colorado Springs, CO, for Amicus Curiae, Pacific Coast League of Professional, Baseball Clubs, Inc.

Geiger Law Offices, P.C., Mark P. Geiger , Albuquerque, NM, for Amicus Curiae, The New Mexico Activities Association.


OPINION

CHÁVEZ, Justice.

{1} In this case, it is alleged that a child was struck in the head by a baseball during pregame batting practice at Isotopes stadium. The child was seated in the picnic area beyond the left field wall in fair ball territory with his family for a pre-game Little League party. The child had just begun to eat his food when, without warning, pre-game batting practice began and a baseball struck him, fracturing his...

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