Rickerson v. STATE OF NM & CITY OF ROSWELL

OPINION

WALTERS, Judge.

Plaintiff appeals the trial court’s grant of summary judgment in favor of the State and the City of Roswell. We reverse.

Plaintiff alleged notice in the City and State of a dangerous intersection at which plaintiff’s decedent was killed, and failure of those defendants to install adequate controls. The appellees-defendants urge in this court that data collected on the traffic and other features of the intersection did not warrant the installation of signals. Whether or not that is so is a question of fact which cannot be resolved by summary judgment. Fidelity Nat’l Bank…