Montoya v. Trinidad State Nursing Home

Defendant, Trinidad State Nursing Home, appeals the trial court’s order denying its motion seeking dismissal, on governmental immunity grounds, of the complaint brought by plaintiff, Patsy Montoya. We reverse and remand with directions.

Montoya brought this action as the result of the death of her husband, who was a patient at Trinidad’s nursing home. Montoya alleged that her husband was given an overdose of narcotics and died as a result of that overdose. Montoya asserted a wrongful death claim against Trinidad based on professional negligence.

Trinidad moved to dismiss Montoya’s complaint…