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CAIN V. CHAMPION WINDOW CO. OF ALBUQUERQUE, LLC
State: New Mexico
Court: Court of Appeals
Docket No: 26104
Case Date: 05/17/2007
Plaintiff: CAIN
Defendant: CHAMPION WINDOW CO. OF ALBUQUERQUE, LLC
Preview:CAIN V. CHAMPION WINDOW CO. OF ALBUQUERQUE, LLC, 2007-NMCA-085, 142
N.M. 209, 164 P.3d 90
DOUGLAS L. CAIN and
DONALD HASTIE,
Plaintiffs-Appellants,
v.
CHAMPION WINDOW COMPANY
OF ALBUQUERQUE, LLC,
Defendant-Appellee,
and
FREDERICK HAMMETT, individually
and d/b/a FIXITY FIXATION,
Defendant.

Docket No. 26,104
COURT OF APPEALS OF NEW MEXICO
2007-NMCA-085, 142 N.M. 209, 164 P.3d 90
May 17, 2007, Filed

APPEAL FROM THE DISTRICT COURT OF BERNALILLO COUNTY, Linda M. Vanzi, District Judge Released for publication July 24, 2007.
COUNSEL
O'Brien & Ulibarri, P.C., Daniel P. Ulibarri, Albuquerque, NM, for Appellants Hatch, Allen & Shepherd, P.A., Donna L. Chapman, Amy M. Cardwell, Albuquerque, NM, for Appellee

JUDGES
CYNTHIA A. FRY, Judge. WE CONCUR: JONATHAN B. SUTIN, Chief Judge, LYNN PICKARD, Judge AUTHOR: CYNTHIA A. FRY

OPINION
FRY, Judge.
{1} Plaintiffs appeal from summary judgment in favor of Defendant Champion Window Co. of Albuquerque, LLC (Champion).  Plaintiffs contend that the district court erred when it found as a matter of law that Champion is not liable for the damage allegedly caused by the negligence of Champion's employee, Defendant Frederick Hammett, when he installed a gas stove for Plaintiffs on his day off and without Champion's knowledge.  We disagree with Plaintiffs and affirm.
BACKGROUND
{2} We summarize the evidence in the light most favorable to Plaintiffs, the non-moving parties. See Celaya v. Hall, 2004-NMSC-005,
Download 2007-NMCA-085.pdf

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