Legal Opinion
Rutherford v. Chaves County
New Mexico Court of Appeals
Decided April 4, 2002No. 21,335PublishedCited by 5 opinions
1Opinion of the Court
OPINION
FRY, Judge.
{1} Plaintiffs appeal from summary judgment in favor of Defendant Chaves County based on sovereign immunity. We hold that the County was not immune to suit in this case because the County’s allegedly negligent acts constitute highway maintenance, for which the Tort Claims Act (TCA) waives immunity. Accordingly, we reverse.
BACKGROUND
{2} This is an action for personal injury and wrongful death based on an accident that occurred in July 1996 on Spence Road in Chaves County, New Mexico. Spence Road is a short local access road that intersects Walnut Creek. Walnut Creek is…
2Cases cited13 opinions
- Miller v. New Mexico Department of TransportationNew Mexico Supreme Court · 1987
- Fireman's Fund Insurance v. TuckerNew Mexico Court of Appeals · 1980
- Blackburn v. StateNew Mexico Court of Appeals · 1982
- Pollock v. State Highway & Transportation DepartmentNew Mexico Court of Appeals · 1999
- Godwin v. Memorial Medical CenterNew Mexico Court of Appeals · 2001
8 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Rutherford v. Chaves CountyNew Mexico Supreme Court · 2003
- Bierner v. City of Truth or ConsequencesNew Mexico Court of Appeals · 2004
- Hernandez v. ParkerNew Mexico Court of Appeals · 2022
- Saenz v. City of CarlsbadNew Mexico Court of Appeals · 2013
- Valdez v. N.M. Dep't of Transp.New Mexico Court of Appeals · 2024