Legal Opinion

Lerma ex rel. Lerma v. State Highway Department

New Mexico Supreme Court

Decided June 23, 1994No. 20506PublishedCited by 18 opinions

1Opinion of the Court

OPINION

RANSOM, Justice.

Emilio S. Lerma, as next friend of his daughter Dawn Marie Lerma, appealed to the Court of Appeals from the trial court’s entry of summary judgment dismissing Lerma’s personal injury action against the State Highway Department. In an unpublished opinion, the Court of Appeals reversed. We issued a writ of certiorari to review two issues: (1) whether the Court of Appeals erred by imposing a common-law duty upon the Department to maintain a fence for the protection of pedestrians; and (2) whether, as a matter of law, Dawn’s intentional act of crossing the interstate was…

2Cases cited12 opinions

  1. Calkins v. Cox EstatesNew Mexico Supreme Court · 1990
  2. Koenig v. PerezNew Mexico Supreme Court · 1986
  3. Klopp v. Wackenhut Corp.New Mexico Supreme Court · 1992
  4. Chavira v. CarnahanNew Mexico Supreme Court · 1967
  5. Knapp v. Fraternal Order of EaglesNew Mexico Court of Appeals · 1987

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

3Cited by18 opinions

  1. Cain v. Champion Window Co. of Albuquerque, LLCNew Mexico Court of Appeals · 2007
  2. Davis v. Board of County CommissionersNew Mexico Court of Appeals · 1999
  3. Rutherford v. Chaves CountyNew Mexico Supreme Court · 2003
  4. Benavidez v. City of GallupNew Mexico Supreme Court · 2007
  5. Pollock v. State Highway & Transportation DepartmentNew Mexico Court of Appeals · 1999

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

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