Aitken v. Starr

Plaintiff brought a personal injury action to recover damages for injuries he received when he came into contact with an electrical line. There were four groups of defendants: Public Service Company of New Mexico (PNM), the Starrs and McCormicks (present owners of the property), the Gianninis (past owners of the property), and the Chavezes (owners of the trailer plaintiff was on when injured). The trial court granted motions for summary judgment to the Starrs and McCormicks, the Gianninis, and the Chavezes. The trial court also granted PNM a partial summary judgment pertaining to that part of plaintiffs claim which relied on the doctrine of strict liability. Plaintiff appealed and the Chavezes filed a cross-appeal. Plaintiff settled with the Chavezes. Plaintiff did not appeal the partial summary judgment granted to PNM. The issue on appeal relates to the summary judgments which were granted to the Starrs and McCormicks and the Gianninis.