Legal Opinion

Fort Knox Self Storage, Inc. v. Western Technologies, Inc.

New Mexico Court of Appeals

Decided January 26, 2006No. 25,173PublishedCited by 20 opinions

1Opinion of the Court

OPINION

FRY, Judge.

{1} Defendant Western Technologies, Inc. appeals an order awarding Plaintiff Fort Knox Self Storage, Inc. over $110,000 in damages for negligence, over $240,000 in attorney fees, and prejudgment interest. The contract between the parties, in which Western was to provide geotechnical engineering services in evaluating the subsurface conditions of a proposed building site, contained a limitation of liability clause purportedly limiting Western’s liability to $50,000. The trial court refused to enforce this clause on the ground that it violated a statute prohibiting any party…

2Cases cited19 opinions

  1. Valhal Corp. v. Sullivan Associates, Inc., Architects, Planners, EngineersCourt of Appeals for the Third Circuit · 1995
  2. Crutchfield v. New Mexico Department of Taxation & RevenueNew Mexico Court of Appeals · 2004
  3. Keystone Aeronautics Corporation, a Corporation v. R. J. Enstrom Corporation, a Corporation v. Foundry Allied Industries, Inc., a CorporationCourt of Appeals for the Third Circuit · 1974
  4. New York State Electric & Gas Corp. v. Westinghouse Electric Corp.Supreme Court of Pennsylvania · 1989
  5. Lobianco v. Property Protection, Inc.Superior Court of Pennsylvania · 1981

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

3Cited by20 opinions

  1. McEver v. Planners & Engineers Collaborative, Inc.Supreme Court of Georgia · 2008
  2. Fort Knox Self Storage v. WesternNew Mexico Court of Appeals · 2006
  3. In Re Market Center East Retail Property, Inc.United States Bankruptcy Court, D. New Mexico · 2010
  4. J.R. Hale Contracting Co. v. Union Pacific RailroadNew Mexico Court of Appeals · 2007
  5. Paz v. TijerinaNew Mexico Court of Appeals · 2007

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

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