Legal Opinion

Garcia v. City of Albuquerque

New Mexico Court of Appeals

Decided August 23, 1972No. 871PublishedCited by 2 opinions

1Opinion of the Court

OPINION

SUTIN, Judge.

This appeal involves the constitutionality of that part of § 64-25-9, N.M.S.A.1953 (2nd Repl.Vol. 9, pt. 2), which reads as follows:

No action shall be brought or entertained in any court of this state against the state or any of its institutions, agencies or political subdivisions for injury or damage caused by the operation of such vehicles, but the action for any such injury or damage shall be brought against the person operating such vehicle at the time of the injury or damage.

Garcia sued the City of Albuquerque and Callahan, the driver of the city bus, to recover…

2Cases cited15 opinions

State v. IngallsNew Mexico Supreme Court · 1913
Gallegos Ex Rel. Estate of Gallegos v. WallaceNew Mexico Supreme Court · 1964
Clark v. Ruidoso-Hondo Valley HospitalNew Mexico Supreme Court · 1963
Saiz Ex Rel. Waite v. City of AlbuquerqueNew Mexico Court of Appeals · 1971
City of Albuquerque v. CampbellNew Mexico Supreme Court · 1960

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3Cited by2 opinions

Galvan v. City of AlbuquerqueNew Mexico Court of Appeals · 1973
City of Albuquerque v. GarciaNew Mexico Supreme Court · 1973