Blea v. City of Espanola

OPINION

CHAVEZ, Judge.

This matter involves the Tort Claims Act, NMSA 1978, Sections 41-4r-l through -27 (Repl.Pamp.1989). Plaintiffs appeal the trial court’s order dismissing the complaint for failure to state a claim upon which relief can be granted. See SCRA 1986, 1-012(B)(6) (Repl.1992). Plaintiffs raise four issues on appeal. In essence, these issues are that Plaintiffs have a viable cause of action under various theories for'which immunity has been waived. Plaintiffs argue they state a claim under each of the waiver of immunity provisions in Sections 41-4-5 and -12, Plaintiffs Joseph and…