Martinez v. City of Clovis

(specially concurring).

I specially concur:

Section 41^4-16(A) and (B), N.M.S.A.1978 reads in pertinent part:

A. Every person who claims damages from * * * any local body under the Tort Claims Act [41-4-1 to 41-4-25 N.M.S.A. 1978] shall cause to be presented to the * * * mayor of the municipality for claims against the municipality * * * within ninety days after an occurrence giving rise to a claim for which immunity has been waived under the Tort Claims Act, a written notice stating the time, place and circumstances of the loss or injury.

B. No suit or action for which immunity has been waived…