Legal Opinion

Pemberton v. Cordova

New Mexico Court of Appeals

Decided February 5, 1987No. 9619PublishedCited by 34 opinions

1Opinion of the Court

OPINION

GARCIA, Judge.

This is an interlocutory appeal from an order denying a motion to dismiss defendant Moriarty Municipal Schools. We reverse.

FACTS

Plaintiffs filed a damage action for personal injuries resulting from an incident where defendant Theresa Cordova, a student, allegedly struck and injured plaintiff JoElla Lynn Pemberton, also a student, while on school property. The suit named both Cordova and Moriarty Municipal Schools as defendants. Defendant Moriarty Municipal Schools argued that it could not be sued under the New Mexico Tort Claims Act, NMSA 1978, Sections 41-4-1 to -29…

2Cases cited7 opinions

  1. Methola v. County of EddyNew Mexico Supreme Court · 1980
  2. Begay v. StateNew Mexico Court of Appeals · 1985
  3. Smialek v. BegayNew Mexico Supreme Court · 1986
  4. Wittkowski Ex Rel. Wittkowski v. State, Corrections DepartmentNew Mexico Court of Appeals · 1985
  5. Tompkins Ex Rel. Newby v. Carlsbad Irrigation DistrictNew Mexico Court of Appeals · 1981

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

3Cited by34 opinions

  1. Bober v. New Mexico State FairNew Mexico Supreme Court · 1991
  2. Lymon v. Aramark Corp.District Court, D. New Mexico · 2010
  3. Archibeque v. MoyaNew Mexico Supreme Court · 1993
  4. Callaway v. New Mexico Department of CorrectionsNew Mexico Court of Appeals · 1994
  5. Espinoza Ex Rel. Espinoza v. Town of TaosNew Mexico Supreme Court · 1995

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

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