Legal Opinion

Hagen v. Faherty

New Mexico Court of Appeals

Decided February 18, 2003No. 23,162PublishedCited by 7 opinions

1Opinion of the Court

OPINION

PICKARD, Judge.

{1} The issue in this ease is whether the state may be estopped from invoking the statute of limitations in the Tort Claims Act, NMSA 1978, § 41-4-15 (1977), when right and justice demand. We hold that it may. Defendant-Appellant Dr. Sean Faherty applied for, and this Court granted, an interlocutory appeal challenging the partial summary judgment granted by the district court that dismissed his affirmative defense asserting the statute of limitations. We affirm.

FACTS AND BACKGROUND

{2} Faherty was at all times pertinent to this claim an employee of the University of New…

2Cases cited9 opinions

  1. Espanola Housing Authority v. AtencioNew Mexico Supreme Court · 1977
  2. Board of Com'rs of Rio Arriba County v. GreacenNew Mexico Supreme Court · 2000
  3. Lopez v. StateNew Mexico Supreme Court · 1996
  4. Bracken Ex Rel. Estate of Bracken v. Yates Petroleum Corp.New Mexico Supreme Court · 1988
  5. Perry v. StaverNew Mexico Court of Appeals · 1970

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3Cited by7 opinions

  1. Blea v. FieldsNew Mexico Supreme Court · 2005
  2. Lopez v. ReddyNew Mexico Court of Appeals · 2005
  3. Southwest Steel Coil, Inc. v. Redwood Fire & Casualty InsuranceNew Mexico Court of Appeals · 2006
  4. Pielhau v. RLI InsuranceNew Mexico Court of Appeals · 2008
  5. Armendariz v. Santa Fe Cnty. Bd. of Comm'rsDistrict Court, D. New Mexico · 2018

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

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