Garcia v. Sanchez

I agree with the majority that plaintiff has no claim against defendant based on alleged negligent failure to maintain the trees properly. In the circumstances of this case I fail to see how defendant owed plaintiff any duty with respect to watering or fertilizing the trees. Such a duty would come as quite a surprise to most homeowners and could only engender in appropriate litigation.

Aside from the negligence claim, Abbinett v. Fox, 103 N.M. 80, 703 P.2d 177 (Ct.App.1985) should govern this case. Recognizing that disputes like this do not belong in the courts, we declared in Abbinett that…