Powell v. New Mexico State Highway & Transportation Department
New Mexico Court of Appeals
1Opinion of the Court
OPINION
DONNELLY, Judge.
Plaintiff appeals from orders granting summary judgment in favor of the New Mexico State Highway and Transportation Department (the Department), denying Plaintiffs motion for summary judgment and upholding the constitutionality of the notice provision of the Tort Claims Act, NMSA 1978, Section 41-4~16(B) (Repl.Pamp.1989). We address Plaintiffs claims that: (1) the Department had actual notice of his claim, and (2) the ninety-day notice provision of the Tort Claims Act violates Plaintiffs constitutional right of access to the courts. We affirm.
On August 1, 1991,…
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