Legal Opinion

Castillo v. City of Las Vegas

New Mexico Court of Appeals

Decided August 27, 2008No. 26,758PublishedCited by 16 opinions

1Opinion of the Court

OPINION

CASTILLO, Judge.

{1} Plaintiffs Florian Castillo and Molly Martinez (Plaintiffs) sued the City of Las Vegas (City) for personal injury and damage caused to their home by a backup in the city sewer system. The jury awarded Plaintiffs damages for the injury to the property and awarded Mr. Castillo damages for the emotional distress that he suffered as a result of the property damage. The City appeals, raising four claims of error. We affirm the judgment as to the property damage, but we reverse the judgment as to the emotional distress damages because in this case, negligent property…

2Cases cited37 opinions

  1. City of Tyler v. LikesTexas Supreme Court · 1998
  2. Duke City Lumber Company, Inc. v. TerrelNew Mexico Supreme Court · 1975
  3. State v. RyonNew Mexico Supreme Court · 2005
  4. Trujillo v. Northern Rio Arriba Electric Cooperative, Inc.New Mexico Supreme Court · 2001
  5. Marchiondo v. BrownNew Mexico Supreme Court · 1982

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3Cited by16 opinions

  1. Beckie Price v. High Pointe Oil Co IncMichigan Supreme Court · 2013
  2. Mosley v. TitusDistrict Court, D. New Mexico · 2010
  3. Hicks v. EllerNew Mexico Court of Appeals · 2012
  4. Obenauf v. Frontier Financial Group, Inc.District Court, D. New Mexico · 2011
  5. Askari v. Taj and Ark, LLCDistrict Court, D. New Mexico · 2025

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