Emery Ex Rel. Emery v. University of New Mexico Medical Center
New Mexico Court of Appeals
1Opinion of the Court
OPINION
WOOD, Judge.
This appeal involves the notice provisions of § 41-4-16, N.M.S.A.1978. We discuss: (1) procedural matters; (2) actual notice; and (3) when the notice provision began to run.
The pertinent provisions of § 41^4-16, supra, are:
A. Every person who claims damages from the state or any local public body under the Tort Claims Act [41-4-1 to 41 — 4-25 NMSA 1978] shall cause to be presented to the risk management division for claims against the state, the may- or of the municipality for claims against the municipality, the superintendent of the school district for claims against the…
Also in this document: Concurrence.
2Cases cited13 opinions
- United States v. KubrickSupreme Court of the United States · 1979
- Goodman v. Brock Ex Rel. Estate of BrockNew Mexico Supreme Court · 1972
- Espanola Housing Authority v. AtencioNew Mexico Supreme Court · 1977
- Yotvat v. RothCourt of Appeals of Wisconsin · 1980
- Peralta v. MartinezNew Mexico Court of Appeals · 1977
8 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- University of Texas Southwestern Medical Center v. LoutzenhiserTexas Supreme Court · 2004
- Prince George's County v. LongtinCourt of Appeals of Maryland · 2011
- Maestas Ex Rel. Estate of Varela v. ZagerNew Mexico Supreme Court · 2007
- Tafoya Ex Rel. Tafoya v. DoeNew Mexico Court of Appeals · 1983
- Duran v. Board of County CommissionersWyoming Supreme Court · 1990
14 more not listed; retrieve them via the Exa API.