Legal Opinion

Powell v. New Mexico State Highway & Transportation Department

New Mexico Court of Appeals

Decided March 4, 1994No. 14395PublishedCited by 16 opinions

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,…

2Cases cited25 opinions

  1. Roth v. ThompsonNew Mexico Supreme Court · 1992
  2. Richardson Ex Rel. Estate of Richardson v. Carnegie Library Restaurant, Inc.New Mexico Supreme Court · 1988
  3. State v. RobertiOregon Supreme Court · 1982
  4. Reirdon v. Wilburton Board of EducationSupreme Court of Oklahoma · 1980
  5. Fritz v. Regents of the University of ColoradoSupreme Court of Colorado · 1978

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3Cited by16 opinions

  1. Marrujo v. New Mexico State Highway Transportation DepartmentNew Mexico Supreme Court · 1994
  2. Callaway v. New Mexico Department of CorrectionsNew Mexico Court of Appeals · 1994
  3. Coleman v. United Engineers & Constructors, Inc.New Mexico Supreme Court · 1994
  4. Lopez v. StateNew Mexico Supreme Court · 1996
  5. Jane Doe v. New London Community School DistrictSupreme Court of Iowa · 2014

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