SUNNYLAND FARMS, INC. v. CENT. N.M. ELEC. CO-OP. INC.

No. 28,807.

255 P.3d 324 (2011)

2011-NMCA-049

SUNNYLAND FARMS, INC., Plaintiff-Appellee, v. CENTRAL NEW MEXICO ELECTRIC COOPERATIVE, INC., Defendant-Appellant.

Court of Appeals of New Mexico.

Certiorari Granted, May 17, 2011, No. 32,968.


Attorney(s) appearing for the Case

Freedman Boyd Hollander Goldberg Ives & Duncan, P.A., Joseph Goldberg , Michael Goldberg , Walter K. Martinez Law Office, Kenneth Martinez , Kevin Martinez , Albuquerque, NM, for Appellee.

Cuddy & McCarthy, LLP, Gregory V. Pelton , Albuquerque, NM, Montgomery & Andrews, P.A., Stephen S. Hamilton , Jaime R. Kennedy , Santa Fe, NM, for Appellant.

Virtue Najjar & Brown, PC, Lucy E. Bettis , Santa Fe, NM, for Amicus Curiae N.M. Rural Electric Coop. Ass'n.

Michael B. Browde , Albuquerque, NM, for Amicus Curiae N.M. Trial Lawyers Ass'n.


OPINION

SUTIN, Judge.

{1} Defendant Central New Mexico Electric Cooperative, Inc. appeals a judgment awarding substantial consequential and punitive damages to Plaintiff Sunnyland Farms, Inc. Plaintiff purchased a commercial greenhouse operation intending to hydroponically grow tomatoes. Its facilities were destroyed by fire before it was able to plant its first crop. Plaintiff sued Defendant on various theories including claims for breach of...

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