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RODRIGUEZ v. DEL SOL SHOPPING CENTER

Nos. 30,421, 30,578.

297 P.3d 334 (2012)

2013-NMCA-020

James RODRIGUEZ, Individually and as Representative of the Estates of Janell L. Rodriguez and David Rodriguez, Deceased, Leann Aguilar, Domenic A. Rodriguez, Juan M. Terrazas, Individually and as Representative of the Estate of Viviana E. Terrazas, Deceased, Ludivina Terrazas Enriquez, and Billy J. Trujillo, as Next Friend of Isaiah Trujillo, Plaintiffs-Appellants, v. DEL SOL SHOPPING CENTER ASSOCIATES, L.P., a/k/a Del Sol Shopping Center, BGK Properties, Inc., BGK Realty, Inc., BGK Property Management, L.L.C., and BGK Equities III, Inc., Defendants-Appellees. and Maria C. Bustamante, as Representative of the Estate of Michael Solchenberger, and his wife Lydia Solchenberger, Deceased, Plaintiff-Appellant, v. BGK Properties, Inc., Del Sol Shopping Center Associates, L.P., and Concentra Health Services, Inc., Defendants-Appellees.

Court of Appeals of New Mexico.

Certiorari Granted, January 17, 2013, No. 33,949.

Certiorari Granted, January 28, 2013, No. 33,896.

Attorney(s) appearing for the Case

Law Offices of Beatrice Lockhart, Beatrice Castellano Lockhart , Joe Cruz Castellano , Attorney at Law, Joe Cruz Castellano , Santa Fe, NM, Watts Guerra Craft L.L.P., John G. Escamilla , Edinburg, TX, Gaddy Jaramillo Lawyers, David Jaramillo , Albuquerque, NM, Attorneys for Appellants.

Madison, Harbour & Mroz, P.A., Ada B. Priest , M. Eliza Stewart , Albuquerque, NM, Attorneys for Appellees, BGK Properties, Inc. and Del Sol Shopping Center Associates, L.P., BGK Realty, Inc. and BGK Equities III, LLC.

Civerolo, Gralow, Hill & Curtis, P.A., Lisa Entress Pullen , M. Clea Gutterson , Albuquerque, NM, Attorneys for Appellees, BGK Property Management, LLC.

Rammelkamp, Muehlenweg & Cordova, P.A., Lara White Davis , Albuquerque, NM, Attorney for Appellee, Concentra Health Services, Inc.

Brown & Gay, P.C., Remo E. Gay, Jr. , Melissa A. Brown , Albuquerque, NM, Attorneys for Appellee, Concentra Health Services, Inc.

OPINION

HANISEE, Judge.

{1} On March 17, 2006, a pick-up truck in the parking lot of Del Sol Shopping Center (Del Sol) in Santa Fe suddenly accelerated — due to a combination of driver and vehicle failure — and hurtled through one of Del Sol's side-by-side business-front glass walls and into the Concentra Medical Clinic (Concentra). Tragically, a mother and her son were struck and killed inside, along with a medical receptionist...

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