Legal Opinion
Bierner v. City of Truth or Consequences
New Mexico Court of Appeals
Decided June 15, 2004No. 23,434PublishedCited by 10 opinions
1Opinion of the Court
OPINION
CASTILLO, J.
{1} This case requires us to determine whether the trial court erred in granting summary judgment in favor of Defendant City of Truth or Consequences (City). The court concluded that the City was immune from liability under the New Mexico Tort Claims Act (TCA), NMSA 1978, §§ 41-4-1 to -27 (1976, as amended through 2003). Plaintiffs maintain that summary judgment was inappropriate because facts as to waiver of immunity were in dispute and discovery was not completed. We affirm.
I. BACKGROUND
{2} On January 7, 2001, a Domino’s Pizza delivery truck was parked in the restaurant’s…
2Cases cited23 opinions
- Goodman v. Brock Ex Rel. Estate of BrockNew Mexico Supreme Court · 1972
- Koenig v. PerezNew Mexico Supreme Court · 1986
- Garrity v. Overland Sheepskin Co. of TaosNew Mexico Supreme Court · 1996
- Rutherford v. Chaves CountyNew Mexico Supreme Court · 2003
- Eckhardt v. Charter Hospital of Albuquerque, Inc.New Mexico Court of Appeals · 1997
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3Cited by10 opinions
- Hill v. Vanderbilt Capital Advisors, LLCDistrict Court, D. New Mexico · 2011
- C.H. v. Los Lunas Schools Board of EducationDistrict Court, D. New Mexico · 2012
- Martinez v. New Mexico Department of TransportationNew Mexico Court of Appeals · 2011
- Stark-Romero v. National Railroad Passenger Co.District Court, D. New Mexico · 2011
- Martinez v. NEW MEXICO DEPT. OF TRANSP.New Mexico Court of Appeals · 2011
5 more not listed; retrieve them via the Exa API.