Legal Opinion
Martinez v. City of Clovis
New Mexico Court of Appeals
Decided May 29, 1980No. 4295PublishedCited by 20 opinions
1Opinion of the Court
OPINION
WALTERS, Judge.
Plaintiff’s suit against the City of Clovis and one of its police officers was dismissed with prejudice for her failure to strictly comply with the notice provisions of the Tort Claims Act, specifically § 41-4-16, N.M.S.A.1978. This section of the Act has not previously been construed. We reverse.
The statute requires that the mayor of the municipality against which claims are made be presented with a written notice, “stating the time, place, and circumstance of the loss or injury,” within ninety days after the occurrence giving rise to the claim. In this case, it is not…
2Cases cited7 opinions
- Vermeer Ex Rel. Vermeer v. SnellerSupreme Court of Iowa · 1971
- Ogletree v. JonesNew Mexico Supreme Court · 1940
- Beckwith v. Cactus Drilling CorporationNew Mexico Court of Appeals · 1972
- Collins v. Big Four Paving, Inc.New Mexico Supreme Court · 1967
- Clark v. Duval CorporationNew Mexico Court of Appeals · 1971
2 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Dutton v. McKinley County Board of CommissionersNew Mexico Court of Appeals · 1991
- Ferguson v. New Mexico State Highway CommissionNew Mexico Court of Appeals · 1982
- Emery Ex Rel. Emery v. University of New Mexico Medical CenterNew Mexico Court of Appeals · 1981
- Mata v. AndersonDistrict Court, D. New Mexico · 2010
- George v. DadeDistrict of Columbia Court of Appeals · 2001
15 more not listed; retrieve them via the Exa API.