City of Las Cruces v. Garcia

OPINION

RIORDAN, Justice.

On September 8, 1982, plaintiff Andrew Garcia (Garcia) filed suit against defendants Arthur Guerra (Guerra), the City of Las Cruces (City), and the State of New Mexico (State) to recover damages for personal injuries received in an April 15, 1982 accident. The City and State both moved for summary judgment, and the district court granted the motions on the grounds that Garcia had failed to comply with the notice requirement of the Tort Claims Act, NMSA 1978, Sections 41-4-1 to 41-4-27 (Repl.Pamp.1982 and Supp.1983). On appeal, the Court of Appeals affirmed summary…