Jimmy Maldonado v. United States

DAUGHERTY, District Judge.

Plaintiff-Appellant Jimmy Maldonado appeals from the district court’s ruling finding no liability on the part of the United States under the New Mexico Recreational Use Statute (NMRUS), NMSA § 17-4-7 (1978 Ann.) 1 for the plaintiffs injuries re- suiting from a diving accident. The plaintiff brought his case against the United States under the Federal Tort Claims Act (FTCA), 28 U.S.C. § 1346, et seq. We agree with the ruling of the trial court and affirm.

The plaintiff’s accident occurred on July 28, 1984, at Soda Dam in Jemez Springs, New Mexico. The Soda Dam area is…