Legal Opinion
Seal Ex Rel. Seal v. Carlsbad Independent School District
New Mexico Supreme Court
Decided September 7, 1993No. 20589PublishedCited by 21 opinions
1Opinion of the Court
OPINION
RANSOM, Chief Justice.
This is a wrongful death action brought by Judy Seal as personal representative of the estate of her deceased son, Kevin. Seal appeals from a summary judgment holding that the operation of a swimming pool is an inherently dangerous activity giving rise to strict liability, from which a school district and its employees enjoy statutory sovereign immunity under Section 41-4-4(A) of the Tort Claims Act, NMSA 1978, §§ 41-4-1 to -27 (Repl.Pamp.1989). See also Saiz v. Belen Sch. Dist., 113 N.M. 387, 391, 827 P.2d 102, 106 (1992) (school districts immune under Tort…
2Cases cited10 opinions
- Gallegos v. Citizens Insurance AgencyNew Mexico Supreme Court · 1989
- Klopp v. Wackenhut Corp.New Mexico Supreme Court · 1992
- Castillo Ex Rel. Castillo v. County of Santa FeNew Mexico Supreme Court · 1988
- Saiz Ex Rel. Estate of Saiz v. Belen School DistrictNew Mexico Supreme Court · 1992
- Emelwon, Inc. And Kaiel Thompson McAlister v. United States of AmericaCourt of Appeals for the Fifth Circuit · 1968
5 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Upton v. Clovis Municipal School DistrictNew Mexico Supreme Court · 2006
- Espinoza Ex Rel. Espinoza v. Town of TaosNew Mexico Supreme Court · 1995
- Leithead v. City of Santa FeNew Mexico Court of Appeals · 1997
- Gabaldon Ex Rel. Baldizan v. Erisa Mortgage Co.New Mexico Supreme Court · 1999
- Stinson v. BerryNew Mexico Court of Appeals · 1997
16 more not listed; retrieve them via the Exa API.