Leithead v. City of Santa Fe

DONNELLY, Judge (Specially

Concurring).

1. I concur in the result of the foregoing opinion and affirmance of the district court’s decision that there was a waiver of immunity under Section 41-4-6 based on the City’s failure to provide adequate lifeguard protection, resulting in serious injury to Amanda Leithead. I write separately, however, to emphasize that, in my opinion, the evidence supports Plaintiffs’ recovery under a waiver of immunity in this case based on facts evidencing the existence of the City’s negligent “operation” of the pool. The facts, however, do not establish a waiver of…