O'HARE v. Valley Utilities, Inc.

OPINION

LOPEZ, Judge.

This appeal grows out of a suit by water users in the Adobe Acres Subdivision in Albuquerque against the utility which supplied their water, Valley Utilities, Inc.

The action was brought by five individual plaintiffs and the Adobe Acres Improvement Association on behalf of themselves and 475 water users in the subdivision. The plaintiffs asked tort and contract damages by reason of the utility’s failure to supply water meeting certain minimum standards of quality. Following a jury verdict for the plaintiffs, the defendant has appealed raising numerous issues of law.

I. Class…