Legal Opinion

National Roofing, Inc. v. Alstate Steel, Inc.

New Mexico Court of Appeals

Decided December 7, 2015No. S-1-SC-35675; Docket 34,006PublishedCited by 2 opinions

1Opinion of the Court

OPINION

VANZI, Judge.

{1} Subject to various exceptions, “[a]n action for damages resulting from a tort can only be sustained by the person directly injured thereby, and not by one claiming to have suffered collateral or resulting injuries.” Loucks v. Albuquerque Nat’l Bank, 1966-NMSC-176, ¶¶ 46-47, 76 N.M. 735, 418 P.2d 191. Nevertheless, National Roofing (Plaintiff) has sued several defendants in strict liability and negligence for damages allegedly resulting from physical injuries to its employees. The district court dismissed Plaintiffs claims against all Defendants on the ground that no…

2Cases cited37 opinions

  1. Robins Dry Dock & Repair Co. v. FlintSupreme Court of the United States · 1927
  2. RK Constructors, Inc. v. Fusco Corp.Supreme Court of Connecticut · 1994
  3. Aikens v. DebowWest Virginia Supreme Court · 2001
  4. Loucks v. Albuquerque National BankNew Mexico Supreme Court · 1966
  5. Romero v. Philip Morris Inc.New Mexico Supreme Court · 2010

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3Cited by2 opinions

  1. Mares-Moreno v. SinghDistrict Court, D. New Mexico · 2017
  2. Nat'l Roofing, Inc. v. Alstate Steel, Inc.New Mexico Court of Appeals · 2015

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