Legal Opinion
Gabaldon Ex Rel. Baldizan v. Erisa Mortgage Co.
New Mexico Supreme Court
Decided October 7, 1999No. 24,788, 24,791PublishedCited by 35 opinions
1Opinion of the Court
OPINION
BACA, Justice.
{1} Pursuant to NMSA 1978, § 34-5-14(B)(4) (1972), on certiorari from the Court of Appeals, we consider: 1) whether the operation of a wave pool is an inherently dangerous activity, and 2) whether plaintiffs may maintain an action against a non-possessory landlord under a negligent entrustment theory of liability. We affirm the Court of Appeals’ holding that the operation of wave pools is not an inherently dangerous activity. However, we reverse the Court of Appeals to the extent that we hold that negligent entrustment of real property by a non-possessory landlord is not…
2Cases cited13 opinions
- Saiz Ex Rel. Estate of Saiz v. Belen School DistrictNew Mexico Supreme Court · 1992
- Fernandez v. Walgreen Hastings Co.New Mexico Supreme Court · 1998
- Proctor v. WaxlerNew Mexico Supreme Court · 1972
- Lommori v. Milner Hotels, Inc.New Mexico Supreme Court · 1957
- DeMatteo v. SimonNew Mexico Court of Appeals · 1991
8 more not listed; retrieve them via the Exa API.
3Cited by35 opinions
- Ponder v. State Farm Mutual Automobile InsuranceNew Mexico Supreme Court · 2000
- Apodaca v. AAA Gas Co.New Mexico Court of Appeals · 2003
- Lessard v. Coronado Paint & Decorating Center, Inc.New Mexico Court of Appeals · 2007
- Fikes v. FurstNew Mexico Supreme Court · 2003
- Talbott v. Roswell Hospital Corp.New Mexico Court of Appeals · 2005
30 more not listed; retrieve them via the Exa API.