Legal Opinion

Otero v. Jordon Restaurant Enterprises

New Mexico Court of Appeals

Decided March 22, 1995No. 15232PublishedCited by 4 opinions

1Opinion of the Court

OPINION

APODACA, Chief Judge.

This premises liability case involves the issue of an owner’s liability for negligent acts committed by an independent contractor resulting in harm after completion of the work. Defendant Jordon Restaurant Enterprises (Defendant) appeals two rulings of the trial court: (1) a pre-trial grant of partial summary judgment to Plaintiff John Otero (Plaintiff), and (2) the court’s refusal to give certain comparative negligence instructions to the jury. Because we determine there was no error under either issue, we affirm.

I. FACTUAL AND PROCEDURAL BACKGROUND

Defendant hired…

2Cases cited12 opinions

  1. Van Arsdale v. HollingerCalifornia Supreme Court · 1968
  2. Ft. Lowell-NSS Ltd. Partnership v. KellyArizona Supreme Court · 1990
  3. Snyder v. Southern California Edison Co.California Supreme Court · 1955
  4. Saiz Ex Rel. Estate of Saiz v. Belen School DistrictNew Mexico Supreme Court · 1992
  5. Miller v. New Mexico Department of TransportationNew Mexico Supreme Court · 1987

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3Cited by4 opinions

  1. Gabalbon Ex Rel. Baldizan v. Erisa Mortgage Co.New Mexico Court of Appeals · 1997
  2. Otero v. Jordan Restaurant EnterprisesNew Mexico Supreme Court · 1996
  3. Safeway, Inc. v. Rooter 2000 Plumbing & Drain SSSNew Mexico Court of Appeals · 2012
  4. Safeway, Inc. v. Rooter 2000 Plumbing & Drain SSSNew Mexico Court of Appeals · 2013

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