Legal Opinion

Krieger v. Wilson Corp.

New Mexico Court of Appeals

Decided November 30, 2005No. Nos. 24,421, 24,497PublishedCited by 15 opinions

1Opinion of the Court

OPINION

BUSTAMANTE, Chief Judge.

{1} This case involves two consolidated appeals by The Wilson Corporation Wilson) against Barbara Stevens, d/b/a Hooter Browns Restaurant (Lessee), the owner of a restaurant located in Wilson’s building, and Lessee’s insurance company, Allstate Insurance Company (Allstate). The basic issue is whether an indemnification provision in the restaurant lease creates or-under the circumstances present here-may create actionable obligations in the Lessee and Allstate to defend Wilson from a tort action brought by a restaurant patron. Complicating the analysis somewhat…

2Cases cited40 opinions

  1. Foman v. DavisSupreme Court of the United States · 1962
  2. Self v. United Parcel Service, Inc.New Mexico Supreme Court · 1998
  3. Mark V, Inc. v. MellekasNew Mexico Supreme Court · 1993
  4. Schmitz v. SmentowskiNew Mexico Supreme Court · 1990
  5. C.R. Anthony Co. v. Loretto Mall PartnersNew Mexico Supreme Court · 1991

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3Cited by15 opinions

  1. City of Albuquerque v. BPLW Architects & Engineers, Inc.New Mexico Court of Appeals · 2009
  2. Benavidez v. BenavidezNew Mexico Court of Appeals · 2006
  3. Dove v. State Farm Fire & Cas. Co.New Mexico Court of Appeals · 2017
  4. Crespin v. Albuquerque Baseball Club, LLCNew Mexico Court of Appeals · 2009
  5. Computer One, Inc. v. Grisham & Lawless, P.A.New Mexico Court of Appeals · 2007

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