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Monett v. Dona Ana County Sheriff''s Posse8/25/1992
as to the Fair and Dickerson on this theory of liability must be reversed.
RELEASE
Having determined that summary judgment was properly granted to defendants on all theories of vicarious liability, we need not address whether plaintiff's release of defendants Dona Ana County and Carroll operated to release the defendants on this appeal as well. The release issue is based on vicarious liability. See . The theories on which we remand for trial are the premises liability theories pursuant to which liability is direct and not vicarious. Thus, there is no longer any issue as to the release.
Conclusion
The summary judgment orders as to defendants Fair and Dickerson on the theories of vicarious liability and premises liability for the configuration of the gate area or for failure to provide safe ingress and egress are affirmed. Summary judgment as to defendant Posse is affirmed on the issues of vicarious liability, but reversed on all issues of premises liability. Summary judgment as to the Fair and Dickerson on the theory of premises liability for permitting the potentially dangerous mixture of golf carts and pedestrians is reversed. This cause is remanded to the trial court for trial on the merits on those issues only.
IT IS SO ORDERED.
LYNN PICKARD, Judge
WE CONCUR:
THOMAS A. DONNELLY, Judge
BENNY E. FLORES, Judge
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