Legal Opinion

Eldridge v. Sandoval County

New Mexico Court of Appeals

Decided August 29, 1978No. 3476PublishedCited by 4 opinions

1Opinion of the Court

OPINION

WOOD, Chief Judge.

The appeal involves the 1976 Tort Claims Act (Laws 1976, ch. 58) prior to the 1977 amendments to that Act (Laws 1977, ch. 386). Sandoval County did not have insurance coverage for the negligence alleged in plaintiffs’ complaint. The trial court granted Sandoval County’s motion to dismiss on the basis that plaintiffs were without a remedy. The issues are: (1) whether the County may be liable in the absence of insurance coverage; and (2) the propriety of dismissal for failure to state a claim upon which relief can be granted.

Plaintiffs assert they were the driver of,…

2Cases cited6 opinions

  1. Hicks v. StateNew Mexico Supreme Court · 1976
  2. Sturdivant v. City of FarmingtonSupreme Court of Arkansas · 1973
  3. England Ex Rel. Shipman v. New Mexico State Highway CommissionNew Mexico Supreme Court · 1978
  4. Delgado v. CostelloNew Mexico Court of Appeals · 1978
  5. Chavez Ex Rel. Garcia v. Mountainair School BoardNew Mexico Court of Appeals · 1969

1 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. Hern v. CristNew Mexico Court of Appeals · 1987
  2. State Ex Rel. Risk Management Division of Department of Finance & Administration v. Gathman-Matotan Architects & Planners, Inc.New Mexico Court of Appeals · 1982
  3. Santistevan v. Centinel Bank of TaosNew Mexico Court of Appeals · 1980
  4. Santistevan v. Centinel Bank of TaosNew Mexico Court of Appeals · 1980

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