Legal Opinion
Garner v. Department of Corrections
New Mexico Court of Appeals
Decided August 23, 1995No. 16351PublishedCited by 6 opinions
1Opinion of the Court
OPINION
PICKARD, Judge.
1. Plaintiff, a prisoner working in the Prison Industries paint shop, was using an electric wire brush when a wire broke from the brush and flew into his eye. Plaintiff sued for damages under the Tort Claims Act because Defendants had not provided him with safety glasses or training in the use of the brush. Plaintiffs contention was that NMSA 1978, Section 41-4-6 ,(Repl. Pamp.1989), waived immunity for negligence in the operation or maintenance of machinery or equipment. Defendants moved for, and the trial court granted, dismissal on the ground that the claim arose out…
2Cases cited10 opinions
- Bober v. New Mexico State FairNew Mexico Supreme Court · 1991
- 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
- Gallegos v. StateNew Mexico Court of Appeals · 1988
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3Cited by6 opinions
- Duran v. New Mexico Monitored Treatment ProgramNew Mexico Court of Appeals · 2000
- B Thompson v. Torrance CountyNew Mexico Court of Appeals · 2011
- Dennis Murphy, as Personal Representative of the Wrongful Death Claim of Nathan Kee Charley, deceased; and Rebecca Suazo v. Taos County Board of County Commissioners, Brent Jaramillo, Taos County Manager, Town of Taos, Chief of Police John Wentz, in his individual and official capacity, Officer Taylor Gwinn, in her individual and official capacity as a law enforcement officer and in her individual and official capacity as an investigator for the New Mexico Office of the Medical Investigator, Defendant Office of the Medical Investigator, Officer Brian Garcia, in his individual and official capacity, and Officer Anthony Martinez, in his individual and official capacityDistrict Court, D. New Mexico · 2026
- Gilman v. The State of New MexicoDistrict Court, D. New Mexico · 2020
- Kate Ferlic, as the Personal Representative of the Wrongful Death Estate of Isaac-Brealey-Rood, a deceased minor, Carissa Brealey, individually, and as the Guardian and Next Friend of K.B.R., a minor, James Rood, individually, and Aidan Brealey-Rood, individually v. Mesilla Valley Regional Dispatch Authority, Daniel Gutierrez, David Woodward and Quinn Patterson, individually and as Mesilla Valley Regional Dispatch officers and employees, Doña Ana County Board of County Commissioners, Arturo Herrera, individually and as Doña Ana County officer and employee, Adrian Herrera, individually and as Doña Ana County officer and employee, New Mexico Department of Public Safety, and City of Las CrucesDistrict Court, D. New Mexico · 2026
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