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Schwartzman, Inc. v. Atchison, Topeka & Santa Fe Ry.

ELR Citation: 24 ELR 21059
Nos. No. 93-0307 JB, 842 F. Supp. 475/(D.N.M., 12/03/1993)

The court holds that under New Mexico law the doctrine of strict liability may apply to the storage and disposal of chemical wastes that pose a threat to health and welfare. New Mexico has adopted the doctrine of absolute liability for abnormally dangerous activities set forth in Restatement of Torts §§519, 520. New Mexico courts have never extended the doctrine outside the context of explosives detonation, nor have they expressly limited its application to such activities. The court holds that the plaintiff alleged sufficient facts about the defendant's storage and disposal of hazardous chemical wastes to support a characterization of defendant's activities as abnormally dangerous.

Counsel for Plaintiff
John M. Eaves, David V. Halliburton
Eaves, Bardacke & Baugh
6400 Uptown Blvd. NE, Ste. 110-W
P.O. Box 35670, Albuquerque NM 87176
(505) 888-4300

Counsel for Defendant
Peter J. Adang
500 Marquette Rd. NW, Ste. 630, Albuquerque NM 87102
(505) 242-3999