Clark v. Ruidoso-Hondo Valley Hospital

CARMODY, Justice.

This appeal is from the judgment of the trial court dismissing a suit against the defendants on the ground that the hospital was engaged in the performance of a governmental function and is immune from tort liability.

The appellant frankly concedes that our decision in Elliott v. Lea County, 1954, 58 N.M. 147, 267 P.2d 131, is directly contrary to the position now advanced. In that case, it was generally held that a county hospital is operated in a governmental, rather than a proprietary, capacity, and is, therefore, immune from liability in tort. Elliott is in accord with the…