Constantineau v. First National Bank

I respectfully dissent. The logical extension of the majority’s reasoning will lead to results not in accord with Dupper v. Liberty Mut. Ins. Co., 105 N.M. 503, 734 P.2d 743 (1987) when applied to many fact situations. Take, for instance, an employee walking from her assigned parking spot to an employer’s premises. After she walks into the Galería, her co-worker, who parked right next to the employee but in an unassigned spot where the employer’s various workers park every day, catches up with the first employee and walks alongside her. They both trip on the same protruding floor board, and…