Redding v. City of Truth or Consequences

OPINION

BIVINS, Judge.

Plaintiff sued the City of Truth or Consequences for damages resulting from a cat bite. He claims the same cat that bit him had previously bitten a young child and that defendant’s animal control center, after taking the cat into custody following that incident and with knowledge of its vicious propensity, negligently released the cat back into the community by “adopting” it out to a third party. In denying defendant’s motion for summary judgment the district court certified the issues for an interlocutory appeal under NMSA 1978, § 39-3-4. We allowed the appeal and now…