Encinias v. Whitener Law Firm, P.A.

OPINION

CHÁVEZ, Justice.

This case concerns an action for legal malpractice based on the defendant law firm’s failure to file suit within the statute of limitations. The viability of the malpractice suit hinges on whether the underlying cause of action, a claim against a school district for injuries inflicted on one student by another, would have been barred by sovereign immunity or permitted by the Tort Claims Act (TCA), NMSA 1978, §§ 41-4-1 to -30 (1953, as amended through 2013). We conclude that the plaintiff has raised a genuine issue of material fact regarding the viability of the…