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ESTATE OF GUTIERREZ EX REL. JARAMILLO v. METEOR MONUMENT

No. 32,436.

274 P.3d 97 (2012)

2012-NMSC-004

ESTATE OF Daniel Ralph GUTIERREZ, by and through his personal representative, Janet JARAMILLO, individually and as next friend of Sage G., Jordan G., and Noah G., Plaintiffs-Petitioners, v. METEOR MONUMENT, L.L.C. d/b/a Alameda Meteor, Defendant-Respondent.

Supreme Court of New Mexico.

February 22, 2012.

Attorney(s) appearing for the Case

Law Offices of Jane B. Yohalem, Jane B. Yohalem , Santa Fe, NM, Vigil Law Firm, P.A., Jacob G. Vigil , Albuquerque, NM, for Petitioners.

Domenici Law Firm, P.C., Pete V. Domenici, Jr. , Lorraine Hollingsworth , Albuquerque, NM, for Respondent.

OPINION

CHÁVEZ, Justice.

{1} On August 31, 2003, while driving at approximately 7:00 p.m., Defendant Dean Durand crashed his Ford Bronco into a motorcycle driven by Daniel Gutierrez, ultimately resulting in Gutierrez's death. Durand admitted that earlier in the afternoon and up until 6:00 p.m., while at the business establishment operated by Defendant Meteor Monument, L.L.C., he had consumed seven twelve-ounce cans of beer and a twenty...

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