Legal Opinion

Valenzuela v. Singleton

New Mexico Court of Appeals

Decided September 11, 1982No. 5476PublishedCited by 7 opinions

1Opinion of the Court

OPINION

NEAL, Judge.

Plaintiff appeals the trial court’s dismissal of Count I of her complaint against Allsup’s Convenience Stores, Inc. (Allsup’s). Count I alleged negligence and was dismissed for lack of subject matter jurisdiction, N.M.R.Civ.P. 12(b)(1), N.M.S.A.1978.

We reverse.

A brief discussion of the facts and procedural history of the case is necessary to understand the substantive issue raised.

Plaintiff worked the graveyard shift at an Allsup’s convenience store in Carlsbad, New Mexico. In the early morning hours of April 11, 1980, the store was robbed. The robber abducted plaintiff,…

Also in this document: Concurrence.

2Cases cited13 opinions

  1. Abraham v. HomerSupreme Court of Oklahoma · 1924
  2. In re First Nat. Bank of Belle FourcheCourt of Appeals for the Eighth Circuit · 1907
  3. Chatham Condominium Ass's v. Century Village, Inc.Court of Appeals for the Fifth Circuit · 1979
  4. Schantz v. American Dredging Co.Court of Appeals for the Third Circuit · 1943
  5. Security Trust v. SmithNew Mexico Supreme Court · 1979

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3Cited by7 opinions

  1. Castro v. VieraSupreme Court of Connecticut · 1988
  2. Sundance Mechanical & Utility Corp. v. AtlasNew Mexico Supreme Court · 1990
  3. Toro v. City of StamfordSupreme Court of Connecticut · 2004
  4. Rosette, Inc. v. United States of Department of the InteriorNew Mexico Court of Appeals · 2007
  5. Allsup's Convenience Stores, Inc. v. ValenzuelaNew Mexico Supreme Court · 1983

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