Leithead v. City of Santa Fe
New Mexico Court of Appeals
1Opinion of the Court
OPINION
BOSSON, Judge.
1. In this case we examine whether the negligent provision of lifeguard services at a public swimming pool constitutes the negligent “operation or maintenance” of a public building, park, or equipment for which liability may be maintained under NMSA 1978, Section 41-4-6 (Repl.Pamp.1989) of the Tort Claims Act (the Act), NMSA 1978, §§ 41-4-1 to -27 (Repl.Pamp.1989 & Cum.Supp.1995). We conclude that the action may be brought under the Act even though it may also involve elements of negligent supervision of children.
FACTS
2. Six-year-old Amanda Leithead was enrolled in a…
Also in this document: Concurrence.
2Cases cited15 opinions
- Bober v. New Mexico State FairNew Mexico Supreme Court · 1991
- Gallegos v. Citizens Insurance AgencyNew Mexico Supreme Court · 1989
- Castillo Ex Rel. Castillo v. County of Santa FeNew Mexico Supreme Court · 1988
- Archibeque v. MoyaNew Mexico Supreme Court · 1993
- Callaway v. New Mexico Department of CorrectionsNew Mexico Court of Appeals · 1994
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3Cited by38 opinions
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- Encinias v. Whitener Law Firm, P.A.New Mexico Supreme Court · 2013
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