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JOHNSTONE v. CITY OF ALBUQUERQUE

No. 25,721.

145 P.3d 76 (2006)

2006-NMCA-119

Peter H. JOHNSTONE, as Personal Representative of the Estate of Rachel Rogers, Plaintiff-Appellant, v. The CITY OF ALBUQUERQUE, a body corporate, Christopher Chavez in his official and individual capacities, and State Farm Insurance Company, Defendants-Appellees.

Court of Appeals of New Mexico.

Revised September 25, 2006.

Attorney(s) appearing for the Case

Raul A. Lopez, Arnold Padilla, Albuquerque, NM, for Appellant.

Keleher & McLeod, P.A., Charles A. Pharris, Thomas C. Bird, Nikolai N. Frant, Albuquerque, NM, for Appellees.

OPINION

KENNEDY, Judge.

{1} When an individual commits suicide using a gun owned by someone else, the owner of the gun is not liable for the death under settled negligence principles. In the absence of intentional conduct that creates the risk of suicide, or a legally recognized special relationship and knowledge of a specific likelihood of harm that gives rise to a duty to avoid harm, suicide operates...

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