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Contracts Keyed to Dawson
Sunnyland Farms, Inc. v. Central New Mexico Electric Cooperative, Inc.
Citation:
301 P.3d 387.Facts
Sunnyland was a hydroponic tomato facility that purchased its electricity from CNMEC. On September 8, 2003, CNMEC shut off Sunnyland’s electrical service without the required 15 day notice due to non-payment. The following day, Sunnyland employees were welding when they started a fire. The employees attempted to put out the fire, but there was no running water due to the power cut. When the fire department arrived, it was unable to access well water. Firefighters contacted CNMEC to restore electricity to the well, but the CNMEC employee expressed reservations. Despite the use of reservoir water and foam to attempt to extinguish the fire, Sunnyland’s packhouse and operations building were destroyed.
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