Legal Opinion

Behrens v. Gateway Court, LLC

New Mexico Court of Appeals

Decided September 27, 2013No. 34,300; Docket No. 31,439PublishedCited by 14 opinions

1Opinion of the Court

OPINION

WECHSLER, Judge.

{1} Plaintiff Elizabeth Behrens appeals from a judgment entered in her favor against Defendant Gateway Court, LLC, following a jury trial held on the issue of damages. The jury awarded Plaintiff compensatory damages for the fair market value of personal property destroyed in a fire that occurred at her home. We hold that the district court (1) did not err in determining that Plaintiff could not seek loss of use damages for completely destroyed property; (2) did not err in determining that Plaintiff was not entitled to punitive damages; and (3) did not abuse its…

2Cases cited32 opinions

  1. Roth v. ThompsonNew Mexico Supreme Court · 1992
  2. Gonzales v. Surgidev Corp.New Mexico Supreme Court · 1995
  3. Long v. McAllisterSupreme Court of Iowa · 1982
  4. Public Service Co. v. Diamond D Construction Co.New Mexico Court of Appeals · 2001
  5. Clay v. Ferrellgas, Inc.New Mexico Supreme Court · 1994

27 more not listed; retrieve them via the Exa API.

3Cited by14 opinions

  1. Leon v. Fedex Ground Package System, Inc.District Court, D. New Mexico · 2016
  2. American Civil Liberties Union v. DuranNew Mexico Court of Appeals · 2016
  3. Autovest v. AgostoNew Mexico Court of Appeals · 2021
  4. Wirth v. Sun Healthcare Group, Inc.New Mexico Court of Appeals · 2016
  5. ACLU of New Mexico v. DuranNew Mexico Court of Appeals · 2016

9 more not listed; retrieve them via the Exa API.

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