Preview:

1 LOHMAN V. DAIMLER-CHRYSLER CORPORATION, 2007-NMCA-100, 142 N.M. 437, 166 P.3d 1091 M.D. LOHMAN, Individually and on behalf of all similarly situated persons, Plaintiff-Appellee, v. DAIMLER-CHRYSLER CORPORATION, and UNITED STATES TESTING COMPANY, Defendants-Appellants.
Docket No. 25,752 COURT OF APPEALS OF NEW MEXICO 2007-NMCA-100, 142 N.M. 437, 166 P.3d 1091 March 15, 2007, Filed APPEAL FROM THE DISTRICT COURT OF SANTA FE COUNTY, James A. Hall, District Judge. Certiorari Denied, No. 30,334, May 2, 2007. Certiorari Denied, No. 30,341, August 1, 2007. Released for Publication August 22, 2007. COUNSEL Law Offices of James P. Lyle, P.C., James P. Lyle, Albuquerque, NM, for Appellee. Wallace King Domike & Branson, PLLC, Terri S. Reiskin, Washington, D.C., Rodey, Dickason, Sloan, Akin & Robb, P.A., Edward Ricco, Jocelyn Drennan, Jeffrey M. Croasdell, Albuquerque, NM, for Appellant Daimler-Chrysler Corporation. Dines & Gross, P.C., Gregory P. Williams, Jim Dines, Albuquerque, NM, for Appellant United States Testing Company, Inc. JUDGES RAYMOND Z. ORTIZ, Judge, New Mexico District Court Judge (sitting by designation). WE CONCUR: CARL J. BUTKUS, Judge, New Mexico District Court Judge (sitting by designation); CLAY CAMPBELL, Judge New Mexico District Court Judge (sitting by designation). AUTHOR: RAYMOND Z. ORTIZ. OPINION

ORTIZ, Judge (sitting by designation of New Mexico Supreme Court). {1} This is a putative class action relating to allegedly defective seat belt buckles. The first amended complaint alleged several causes of action, all of which were dismissed except a claim under the Unfair Practices Act (UPA). By their interlocutory appeals, Defendants Daimler-Chrysler Corporation (DCC) and United States Testing Company (USTC) (collectively, Defendants) seek the dismissal of the remaining UPA claim. For the reasons that follow, we reject Defendant's various assertions of error and affirm. BACKGROUND

Download 2007-NMCA-100.pdf

New Mexico Law