Noriega Ex Rel. Noriega v. Stahmann Farms, Inc.
New Mexico Court of Appeals
1Opinion of the Court
OPINION
CHAVEZ, Judge.
Plaintiffs, Hector Noriega and Rosa Noriega, brought suit against defendants, Elephant Butte Irrigation District (EBID) and Stahmann Farms, Inc., alleging negligence, inter alia, in failing to keep the area adjacent to an EBID ditchbank in a safe condition and in failing to install warning signs or fences, resulting in injuries to five-year-old Hector Noriega, Jr. Waiver of immunity of EBID was alleged in plaintiffs’ first amended complaint pursuant to NMSA 1978, Sections 41-4-6 and 41-4-11 (1989 RepLPamp.) EBID, not joined by Stahmann Farms, Inc., moved to dismiss the…
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