Legal Opinion

Mendoza v. Tamaya Enterprises, Inc.

New Mexico Court of Appeals

Decided May 25, 2010No. 28,809; 32,447PublishedCited by 12 opinions

1Opinion of the Court

OPINION

ROBLES, Judge.

{1} Gina Mendoza and Michael Hart (Plaintiffs), as personal representatives of Michael and Desiree Mendoza, brought a wrongful death action against Tamaya Enterprises, Inc. (Tamaya) in the Bernalillo County District Court. The complaint alleged that Tamaya sold alcohol to Michael and Desiree Mendoza at a social function despite their intoxication and, as a result of Tamaya’s negligence, they were killed on their way home in a single, vehicle accident. The action was dismissed for failure to state a claim upon which relief can be granted. See Rule 1 — 012(B)(6) NMRA. On…

2Cases cited17 opinions

  1. Herrera Ex Rel. Estate of Ruiz v. Quality PontiacNew Mexico Supreme Court · 2003
  2. Lopez Ex Rel. Lopez v. MaezNew Mexico Supreme Court · 1982
  3. Martinez v. Research Park, Inc.New Mexico Supreme Court · 1965
  4. Baxter Ex Rel. Estate of Baxter v. NoceNew Mexico Supreme Court · 1988
  5. Callahan v. New Mexico Federation of Teachers-TVINew Mexico Supreme Court · 2006

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3Cited by12 opinions

  1. Zamora v. St. Vincent HospitalNew Mexico Supreme Court · 2014
  2. Morris v. Giant Four Corners, Inc.New Mexico Supreme Court · 2021
  3. Pueblo of Santa Ana v. NashDistrict Court, D. New Mexico · 2013
  4. Mendoza v. TAMAYA ENTERPRISES, INC.New Mexico Supreme Court · 2011
  5. Morris v. Giant Four Corners, Inc.District Court, D. New Mexico · 2019

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