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Sunnyland Farms, Inc. v. Central New Mexico Elec. Co-op., Inc.
Citation:301 P.3d 387 (2013)
Sunnyland purchased its electricity from CNMEC. On September 8, 2003, CNMEC shut off electrical service to Sunnyland but did not give Sunnyland a prior notice. On September 9, before electrical service was restored, several Sunnyland employees engaged in arc welding near flammable materials. In doing so, they started a fire that ultimately consumed Sunnyland farms. Without electricity, the Sunnyland facility had no water, and the fire grew. Fire trucks arrived, but they were unable to access well water because there was no electricity to power the pumps. Sunnyland sued CNMEC in contract and tort for damages resulting from the fire, alleging that if CNMEC had taken adequate care prior to disconnecting Sunnyland’s electrical service, firefighters and Sunnyland employees would have had access to water and the fire could have been contained.
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