Baum V. Orosco

This appeal comes before this court for decision after the case was submitted to an advisory committee pursuant to an experimental plan. See Patterson v. Environmental Improvement Div., 105 N.M. 320, 731 P.2d 1364 (Ct. App.1986); Stoll v. Dow, 105 N.M. 316, 731 P.2d 1360 (Ct. App.1986); Boucher v. Foxworth-Galbraith Lumber Co., 105 N.M. 442, 733 P.2d 1325 (Ct. App.1986). The committee rendered a unanimous decision and the parties were so notified. Defendant Joe L. Orosco, Sr. filed a response memorandum. This Court has considered the transcript and briefs in this case, together with the opinion of the advisory committee and defendant's response memorandum. It is the decision of this court that the opinion of the advisory committee should be adopted in modified form, as follows: