[Download] "Coleman v. United Engineers & Constructors Inc." by New Mexico Supreme Court * Book PDF Kindle ePub Free
eBook details
- Title: Coleman v. United Engineers & Constructors Inc.
- Author : New Mexico Supreme Court
- Release Date : January 18, 1994
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 68 KB
Description
BACA, Justice. Plaintiff-Appellant, Imogene Coleman appeals from a trial court order granting summary judgment in favor of Defendant-Appellee
United Engineers and Constructors, Inc. ("United"). In deciding whether the trial court erred in granting summary judgment
for United, we address the following issues: (1) Whether intermediate scrutiny should be applied to evaluate the constitutionality
of NMSA 1978, Section 37-1-27 (Repl. Pamp. 1990), a statute of repose which places a limitation on actions for injuries resulting
from "the defective or unsafe condition of a physical improvement to real property"; (2) whether Section 37-1-27 is unconstitutional
under the appropriate level of scrutiny: (3) whether the statute applies retroactively to Coleman's claims; and (4) whether
Section 37-1-27 violates the principle that a defendant owes a duty of care to a plaintiff if injury to the plaintiff was
foreseeable. After reviewing the issues presented, we affirm the trial court order granting summary judgment in favor of United.