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Legal Opinion

Gabalbon Ex Rel. Baldizan v. Erisa Mortgage Co.

New Mexico Court of Appeals

Decided November 21, 1997No. 17038PublishedCited by 18 opinions

1Opinion of the Court

OPINION

BUSTAMANTE, Judge.

1. Young Victor Baldizan was injured in a near-drowning incident in the wave machine at The Beach Waterpark (The Beach) in Albuquerque. Victor, acting by and through his mother, filed suit against the owner of the property, Erisa Mortgage Company (Erisa), the lessee/operator of the property, Jay-Bi Property Management, Inc., and the City of Albuquerque. Victor appeals from an order dismissing his claims against Erisa, asserting that (1) operation of a wave pool is an inherently dangerous activity, thus imposing a non-delegable duty on the owner of the property for the…

2Cases cited30 opinions

  1. State v. AttawayNew Mexico Supreme Court · 1994
  2. Lopez Ex Rel. Lopez v. MaezNew Mexico Supreme Court · 1982
  3. Upland Mutual Insurance, Inc. v. NoelSupreme Court of Kansas · 1974
  4. Torres v. StateNew Mexico Supreme Court · 1995
  5. Calkins v. Cox EstatesNew Mexico Supreme Court · 1990

25 more not listed; retrieve them via the Exa API.

3Cited by18 opinions

  1. Ponder v. State Farm Mutual Automobile InsuranceNew Mexico Supreme Court · 2000
  2. Apodaca v. AAA Gas Co.New Mexico Court of Appeals · 2003
  3. Aken v. Plains Electric Generation & Transmission Cooperative, Inc.New Mexico Supreme Court · 2002
  4. Ali v. FisherTennessee Supreme Court · 2004
  5. Couch v. Astec Industries, Inc.New Mexico Court of Appeals · 2002

13 more not listed; retrieve them via the Exa API.

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