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MARTINEZ v. KAUNE CORP.

No. 9105.

745 P.2d 714 (1987)

106 N.M. 489

Ernestine O. Martinez and Vincent P. Martinez, Co-personal Representatives of the Estate of Alex B. Martinez, Deceased, Plaintiffs-Appellants, v. KAUNE CORPORATION, d/b/a Kaune's Food Store; Max Romero, Genevieve Romero; State Health and Environment Division, State of New Mexico, and John Does I Through IV, Defendants-Appellees.

Court of Appeals of New Mexico.

Certiorari Denied November 5, 1987.

Attorney(s) appearing for the Case

Michael E. Vigil, Marchiondo & Berry, P.A., Albuquerque, for plaintiffs-appellants.

Bradford V. Coryell, Montgomery & Andrews, P.A., Santa Fe, for defendants-appellees.

OPINION

BIVINS, Judge.

In this wrongful death action, plaintiffs claim their decedent, Alex B. Martinez, fell ill and died after eating "Queso Blanco" cheese manufactured by defendants Max Romero and Genevieve Romero and sold by defendant Kaune's Food Store. This appeal concerns only the state defendants, in whose favor the trial court granted summary judgment. It raises the issue of whether the waiver of immunity for the negligence of public employees in...

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